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1- s.
THIRTY YEARS' VIEW;
OB,
A HISTORY OP THE WORKING OP THE AMERICAN
ft
GOVERNMENT POR THIRTY YEARS,
FROM 1820 TO 1850.
FROM THE CONGRESS DEBATES, THE PRIVATE PAPERS OP GENERAL JACKSON,
AND THE SPEECHES OF EX-SENATOR BENTON, WITH HIS
ACTUAL VIEW OF MEN AND AFFAIRS :
HISTORICAL NOTES AND ILLUSTRATIONS, AND SOME NOTICES OF EMINENT
DECEASED COTEMPORARIES.
BY A SENATOR OF THIRTY YEARS.
7
IN TWO VOLUMES.
VOL. II.
NEW YORK:
D. APPLETON AND COMPANY,
84« AND 848 BROADWAY.
LONDOK: 16 LITTLS BRITAIN.
1868.
KF 3o^oi s^l
Entered ooeording to act of CoDgress, in the year 1856, hj
D. APPLETON AND COMPANY,
In the Clerk's OfBce of the District Coiurt of ihe United States for t
Southern District of New Tork.
CONTENTS OP VOLUME H.
L InaQgimtloii of Mr. Yan Bnren ... 7
n. Financial and Monetary Crisi»— Qenenl Soa-
penalon of Specie Pajmenta by the Banka 0
nL Preparation for the Diatreas and Soapen-
aion 11
17, Progreaa of the Diatrea^ and Prellminarlea
for the SaapenAon 16
T. Aetnal Snapenaion of the Banka— Propaga-
tion of the Alarm 80
TL Tranamigration of the Bank of the United
Stetea ftx>m a Federal to a State Inatlta-
tion 88
TIL Effeeta of the Snapenalon— 'Ctoneral Derange-
ment of Bnalneaa— Snppreaaion and Bidi-
eole of the Specie Oanenoy— Snbmlaalon
<^ the People— Call of Oongreaa . 86
Tin. Extra Seaaton— Meaiage, and Beoommendar
tiona 88
DL Attaeka on the Meaaage— Treaauy Notea 88
X. Betention of the Fourth Depoait Inatalment 86
XL Independent Treaenry and Hard Money Pay-
menta 88
XIL Attempted Beanmptlon of SpedePaymenta 48
XIIL Bankrupt Act againat Banka .... 48
ZIT. Bankrupt Act for Banka— Mr. Benton'a
Speech 45
XT. DiTOTce of Bank and State— Mr. Benton'a
Speech 66
XTL Firat Begnlar Seadon under Mr. Tan Bu-
ren'a Adminiatr^tlon— HIa Meaaage 66
XTIL Pennaylvania Bank of the United Statea—
Ita Uae of the BeAinot Notea of the ex-
pired Institution 67
XTHL Florida Indian War— Ita Origin and Con-
duct 70
XIX. Florida Indian War— Hlatorical Speech of
Mr. Benton 78
XX. Beaumptlon of Spede Paymenta by the New
York Banka 88
XXL Beaumptlon of Specie Paymenta-^Hiatorlcal
NoUeea— Mr. Benton'a Speech^Extraota 86
XXIL
xxm.
XXIT.
XXT.
XXTL
XXTIL
XXTIIL
TTfT
XXX
TTTT
XXXIL
xxxm.
XXXIT.
XXXT.
XXXTL
Mr. day^ Beaolntlon In Faror of Beaum-
Ing Bankii and Mr. Benton'a Bemarka
upon it .* . 81
Beaumptlon by the Pennaylvania United
Statea Bank ; and others which followed
herlead 84
Propoeed Annexation of Texas— Mr. Prea*
ton's Motion and Speech— Extracta 84
Debate between Mr. Clay and Mr. Cal-
houn, Personal and Political, and lead-
ing to Expositions and Tlndicatlona of
Public Conduct which belong to Hla-
tory 87
Debate between Mr. Clay and Mr. Cal-
hoxm— Mr. Clay's Speech— Extracta 101
Debate between Mr. Clay and Mr. Calhoun
—Mr. Calhoun's Speech— Extracts 106
Debate between Mr. Clay and Mr. Calhoun
— Bejoinders by each . . 118
Independent Treaaury, or, Dirorce of
Bank and State— Passed In the Senate
—Lost in the House of Bepresenta-
tlTca 184
Public Lands— Graduation of Price— Pre-
emption System— Taxation when Sold . 186
Spede Baala for Banks— One-third of the
Amount of Liabllitiea the Lowest Safo
Proportion— Speech of Mr. Benton on
the Bediarter of the District Banka . US
The North and the South— ComparatlTe
Prosperity— Southern Discontent— Ita
True Cause 180
Progress of the Slayery Agitation— Mr. Cal-
houn'a Approral of the Missouri Compro-
mise 184
Death of Commodore Bodgers, and Notice
of hla Life and Character .... 144
Antl-dnelling Act 148
Slayery Agitation in the Houae of Bepre-
aentatlTes, and Betlrlng of Southern
Members firom the Hall ... 100
CONTENTS OF VOL. 11.
XXXVH
XXXVnL
TTTTT,
XK
TT.T,
XUL
XLIV.
XLV.
JLYl.
ZLYIL
XLvm.
L.
LL
LOL
LIT.
LV.
LVL
LVIL
Lvra.
LZ.
LZL
Lzn.
Lzm.
LZIY.
LXV.
PAOa
AboUtionlsts ClBastfled by Mr. Glay^Xn«
tru Donoonoed — SlETeiy Af^tatan
Korth and Sonth EqiuUy denooaodd
•8 DftOgerou* to the Union . . 154
Bank of the United States— Bealgnation
of Mr. Blddle--Flnal Soapenaion . IST
Flrrt Seaslon Twenty-aizth Oongreaa
Members-Organiiation— Political Mttp
oftheHooae 1B8
Flnt Seaalon of the Twentj-aixth Oon-
greaa— PrealdenVa Meaaage IM
DiToroe of Bank and State— Diyorea d»-
ereed 164
Floild* Armed Ooenpatlon BlU— Mr.
Benton^B Speech— Extncta . 107
Aaanmptlon of the State Bebta . ITl
Aaramptton of the State Debta— Mr. B«^
ton*8 Speech— Eztracta ... ITS
Death of General Samnel Smith, of Marj*
land ; and Notice of hla Life and Ohai^
aeter 176
Salt— the Uniyenalitj of ita Supply—
Hyatery and Indiapenaftblllty of ita Uae
—Tyranny and Impiety of ita Taxation
— Speech of Mr. Benton— Extraeta . 176
Pairingoif 178
Tax on Bank Notea— Mr. Bonton'a Speech
—Extraeta 179
liberation of Slavea belonging to Ameri-
can Citiiena in Britiah Colonial Porta . IBS
Bealgnation of Senator Hngh Lftwaon
White of Tenneeaee— Hla Death— Some
Notice of hie life and Character . 184
Death of Ex-Senator Hayne of Sonth Oar-
ollna^Notlce of hla Life and Charaettr 186
AboUtion of Speeiflc Duties by the Com^
promise Act of 1888— Ita Error, and
Loaa to the BeTcnne, ahown by Bxpt-
ilence 188
Beflned Sugar and Bum Dmwbacki
their Abnae under the Compromlaa
Actofl888— Mr.Benton*a6peedi . 190
Flahlttg Bountlea and AUowanoea, and
their Abuse— Mr. Benton'a Speech—
Extraeta 194
ExpendltureaoftheGoTenment 196
KTpfinsfis of the Oorenmient, Compaf*-
tiye and Progreaalye, and Separated
fkom BxtraordJnartea . . . . SNX)
Death of Mr. Justice Barboor of the Su-
preme Court, and Appointment of Pa-
ter T. Daniel, Esq., in his plaoo 909
Presidential ElecUon .... 906
Conclusion of Mr. Yan Barents Admlnia-
tntion 907
Inanguration of Prealdent Harrison— His
Cahlnet^^Oall of CongToas and Death 909
Aooeaaion of the Ylce-Preaident to tfaa
Preaiden^ , » VI
Twenty-aeyenth Oongreaa— Firat Seaaloa
— liat of Membeia, and dganlzatton of
the House 918
First Message of Mr. Tyler to Congraaii
and Mr. Clay's Programme of Bnsinsis 916
Bepeal of the Independent Traaanry Act 919
Bepeal of the Independent Treasury Aet
—Mr. Benton*a Speech .... 990
LZYL The Bankrupt Act— What it waa—and
how it waa Passed .... 999
LZTn. Bankrupt BiU— Mr. Benton'a Speech—
Extraeta 994
LXYUL Distribution of the Public Land Bere-
nue, and Aasumptlon of the State
Debts 910
LZIZ. Institution of the Hour Bule in Debate
in the Honae of BepresentatlTea— Ita
Attempt, and Bepulse in the Senate 917
LZX. Bill for the Belief of Mrs. Harriaon,
Widow of the late President of the
United States 907
LZZL MxB. Harrison's BiU-«peech of Mr.
Benton— Extracts .... 909
LYXTT. Abuse of the Naval Pension Systenn-
Yain attempt to Correct it . 96B
LXXITT. Home Squadron, and Aid to Private
Steam linea 971
LXXIY. Becharter of the DUtriet Banka— Mr.
Benton'a Speech— Extraeta 90
LXZY. BcTolt In Oanada^Border Sympathy—
Firmneas of Mr. Yan Bnren— Public
Peace Endangered— and Pteserred—
CaaeofMcLeod .... 978
LZXYL Deatrnetion of the Caroline— Aneat and
Trial of McLeod — Mr. Benton'k
Speech— Extracts . . . . 9B1
LXXYIL Beftiaal of the House to allow Beceaa
Commltteea 804
LZXYIIL Bednction of the Expense of Foreign
Missions by reducing the Number . 806
T.TTTT. Infringement of the Tariff Compromise
Aet of 1888— Correction of Abuses In
Drawbacks 807
LXXZ. National Bank-Flzat Bin ... 817
LXXZL Second Fiscal Agent^Bill Piesented-
Pasaed— Diaapproved by the Preal-
dent 881
T.TTTTT Secret History of the Second BID ibr a
Fiscal Agent, called Fiscal Corpora-
tion—Ita Origin with Mr. Tyler— Ita
Progreas through Congress under his
Lead— Ita B^ectlon under his Yeto 819
T.YTTTTT The Ycto Message hissed in the Senate
GaUeries 800
LXXZIY. Bealgnation ofMr.Tyler*B Cabinet . 888
LXXZY. Bepudiation of Mr. Tyler by the Whig
Party — their Manifeato— Counter
Manifeato by Mr. Caleb Cashing . 887
LXZXYL The Daniah Sound Duea ... 809
LXXXYIL Laat Notice of the Bank of the United
SUtea . 886
LXXXVili. End and Besnlts of the Extra Seaalon 8T9
T.TTTTT. First Annual Meaaage of Prealdent Tyler 878
Xa Third Plan for a Fiscal Agent, called
Exchequer Board — Mr. Benton^
Speech against it— Extracts . 876
XCL The Third Fiscal Agent, entiUed a
Board of Exchequer . . 804
XCIL Attempted Bepeal of the Bankrupt Aet 886
XCUL Death of Lewis WtUlams, of North
Carolina, and Notice of his life and
Character 896
XCIY. The aril liat Expenses— the Contin-
gent Expenses of Congress and the
Bevenue Collection Expense • 897
OOliTENlB OF VOL. IL
XOV.
XOVL
zcrnL
ZXTTOL
XODL
a
OL
on.
om.
GEY.
OVL
ovn.
0¥in.
dX.
ox
OXL
oxn.
GOV.
OXV.
OXVI.
(Scyn.
asvnL
GXIX.
cxx.
OXXL
oxxn.
flXXTTT.
TAOm
BMi«iMtloiiandTaledlatoi7 0fHr.Cla7 . 808
Mllituy Department— Program of its Xz-
pwM 4M
Paper Honej Fajments— Attempted bj
the Federal OoTermnent— Bealeted-Mr.
Beaton^s Speech 406
Case of the Amerioan Brig Creole with
Blavea for New Orieana, carried bj Mu-
tiny Into Naaaao, and the Slayee LIh-
enited 400
Dlatreae of the Treacaij—ThreeTwiff Blllib
and Two Yetoea— End of the Compro-
mlaeAct 418
Mr. Tyler and the Whig Party— Conflimed
Beparation 417
Irf>rd Aahburton's HIaBlon, and the BriUah
Treaty 480
British Treaty— The Pretermitted Sab-
Jeets— Mr. Benton*s Speech— Kxtraets 486
British Treaty— Northeastern Boundary ,
Artlde — Mr. Benton's Speech — Ex-
tracts 488
British Treaty— Northwestern Boondaiy—
Mr. Benton's Speech— Extracts . 4il
British Treaty— Extradition Article— Mr.
Benton's Speech— Extract ... 444
British Treaty— African Squadron for the
Soppresslon of the Slaye Trade— Mr.
Benton's Speech— Extract ... 440
Expense of the Navy— Waste of Money-
Necessity of a Naral Peace EstabUsh-
inent,andofaNaTalPoll^ ... 408
Expenses of the Navy— Mr. Benton's Speech
— Extracta 406
Message of the Prssident at tha Opening
oftheBegolar Session of 1848-'8 . . 460
Bepeal of the Bankmpt Act— Mr. Benton's
Speech— Extracts 468
Military Academy and Army Expenaes 466
Emigration to the Colombia Blver, and
Foundation of its Settlement by Ameri-
can Citizens— Fr^ont's First Expedi-
tion 468
Lieutenant Fremont's First Expedition-
Speech, and Motion of Senator linn 478
Oregon Colonization Act — Mr. Benton's
Speech 470
Navy Pay and Expenses— Proposed Bedao-
tlon— Speech of Mr. Meriwether, of Qeor^
gia— Extracts 483
Eulogy on Senator linn— Speeches of Mr.
Benton and Mr. Crittenden . . . « 480
The Coest Survey- Attempt to diminish
its Expense, and to expedite Its Comple-
tion by restoring the Work to Naval and
Military Oflicers 487
Death of Commodore Porter, and Notice of
his Life and Character . ... 401
BeftmdingofOeneralJackson'sFlne . ' 400
Bepeal of the Bankrupt Act— Attack of
Mr. Cashing on Mr. Clay— Its Bebnke 008
Naval Expenditures and Administration-
Attempts at Reform— Abortive . 007
Chinese Mission— Mr. Cushing's Appoint-
ment and Negotiation .... 610
The Alleged Mutiny, and the Executloas
(as they were called) on Board the United
States man-of-war, Bomers ... I
OXXIY. Betlrement of Mr. Webster from Mr.
Tyler's Cabinet
OXXY. Death of WllUamH.Crawfoid. .
OXXYL Fbtt Session of the Twenty-eighth
Congress list of Membera-Organl-
istlon of the Hoose of Representativea
OXXYU. Mr. Tyler's Second Annual Message
OXXYIIL Explosion of the Great Oun on Board
the Prineeton maa-of wai^-the Killed
and Wounded
OXXIX Beconstroetlon of Mr. Tyler's Cabinet .
OXXX. DeathofSenatorPorter, of Louisiana—
Suloglum of Mr. Benton
OXXXL Naval Academy, and Naval Poll<7 of
the United States ....
GXXXn. The Home Squadron— Its Inutility and
Xxpense
OXXXm Professor Mone— His Eleetro-Msgnetlo
Telegraph
OXXXrV. Frteiont's Second Expedition
OXXXY. TexssAnnexation— Secret Origin— Bold
Intrigue for the Presidsncy .
CXXXYL Demoerstic Conventioai for the Nomi-
nation of Praeldential Candidates
OXXXYIL Presidential— Democratic National Con-
vention—Mr. Calhoun's Seftisal t«
Submit his Name to it— His Seasons
OXXXYin. Annexation of Texas— Secret Negotia-
tion—Presidential Intrigue— Schemes
of Speculation and Disunion .
fiTTTTT Texas Annexation Treaty— First Speech
of Mr. Benton against it— Extracts .
OXL. Texas or Disunion— Southern Conven-
tion—Mr. Benton's Speech— Extrscts
OXLL Texaa or Disunion— Ylolent Demon-
strations in the South— Southern Con-
vention proposed ....
OXLEL Bisection of the Annexation Treaty-
Proposal of Mr. Benton's Pkn .
OXLIU. Oregon Territory— Conventions of 1818
and 1888— Joint Occupation— At-
^ tempted Notice to Terminate it .
CXLIY. Presidential Election ....
CXLY. Amendment of the Constitution— Eleo-
tion of President snd Yioe-Pxesident
—Mr. Benton's Plan
OXLYL The President and the Senate— Want
of Concord— Numerous B^eotlons of
Nominations
OXLYIL Mr. Tyler's I^wt Message to Congress
CXLYIIL Legislative Admission of Texas into the
Union as a Stato ....
CXLIX. The War with Mexico— Its Cause-
Charged on the Conduct of Mr. Cal-
houn—Mr. Benton's Speech
CL. Mr. Polk's Inangnnl Address Cabinet
CLL Mr. Bhdr and the Globe superseded as
the Administration OrgaBH-Mr. T. Bit-
chie and the Dally Union snbstitated
CLIL Twenty-ninth Congress— list of Mem-
bei»-Flr8t Session— Orgsnisatlon of
the House
OUIL Mr. Polk's First Annual Messsge to
Congress
CLIY. Death of John Forsyth
CLY. Admission of Florida and Iowa .
OLYL Oregon Treaty — Negotiations mm-
and broken oir .
668
660
667
660
675
ore
679
681
601
000
600
618
616
ao
681
600
607
600
COKTEKTO OP VOL IL
GLYIL Oregon Qneitloii— Notice to abrogate fhe
Article in the Treaty for a Joint Occa-
pation— The President denonnced in
the Senate for a sappoeed Leaning to
the Une of Forty-nine ....
Oregon Territorial Ooyeniment— Boon-
dazies and Histoiy of the Country—
Fraaer'B Rivei^Treaty of Utrecht— Mr.
Benton'B Speech— Eztraeta
Oregon Joint Ooonpatlon— Notice aoihor-
ixed for terminating it— Britbh OoTen-
ment olTori the Line of 49— Qnandaiy of
the Administration— DoTtee — Senate
Oonsnltedr-Treaty made and Batlfled
Meeting of the Second Seadon of the 80th
Oongie8»~Preflidettra Meewge Vigo-
rona Prosecntion of the War Beoom-
mended— Lientenant-general propoaed
to be created
War with Mexico— The War Declared,
and an Intrigae for Peace commenced
theaameDay
Bloodleaa Conqneatof New Mexico— How
it waa Done— Snbeeqnent Bloody In-
aarrection, and its Canae .
Mexican Wai^Doniphan*8 Expedition-
Mr. Benton'a Salutatory Addiev, St
Louis, Missouri
Fr4mont*8 Third Expedition, and Acqni-
sltionofGaUfomia ....
Pause in the Wai^-Sedentary Tacttea—
"Masterly Inactivity** . . .
The WUmot Proyiso-Or, Prohibition of
Slavery in the Territories— Its Inutility
and Mischief
Mr. Oalhoun*a Slavery Rea<dutiona, and
Denial of the Bight of Oongreia to Pro-
hibit SUvery in a Territory
OLXYin. The Slavery Agitation— Disunion— Key
to Mr. Galhoun*s Policy— Forcing the
Issue— Mode of Forcing it
Death of Sllaa Wright, Ex-Senator and
Ex-Goyemor of New York
CXiXX Thirtieth Congreaa-Flnt Session— List of
Members— President's Message .
Death of Senator Barrow— Mr. Benton'a
Enlogium
Death of Mr. Adams
DownJhll of Santa Anna— New Ooyem-
ment in Mexico— Peace Negotiations-
Treaty of Peace
Oregon Territorial Ooyemment— Anti-
Bl^yery Ordinance of 1787 applied to
Oregon Territory— Mlaaonri Compro-
mise Line of 18M, and the Texas An-
nexation Benewal of it In 1846, affirmed
CLXXV. Mr. Calhoun*a New Dogma on Territorial
SlaycTy— Self-extension of the Slavery
Part of the Constitution to Territoriea
CliXXTL Oourl-martial of Lieutenant-colonel Fr6-
mont
OLZXYIL Fr^onfs Fourth Expedition, and Great
Disaster in the Snowa at tho Head of
the Bio Grande del Norte— Snbeequent
~- ''^hePaashesoQght .
GLYm.
CUX
GLX.
CLXL
CLXII.
GLzm.
OLXIV.
OLXV.
OLXVL
CLXYIL
GLXDL
CLXXL
CLXXIL
CT.XXTIL
GLXXIY.
MS
M7
m
m
e79
684
<88
MS
700
70S
700
707
TOO
m
ns
710
710
CLxxynL
GLXXIX
CLXXX.
flT.TTTT
GLXZZIL
GTiXXXnt
OLXXXIY.
GLZZZY.
CLXXXYL
OLXXXYIL
OLXiXVllL
OLXXXIX.
OXG
OXCL
oxen.
CXCIIL
CXCIY.
CXCY.
CXCVL
CXCYIL
GXOYin.
GXOEC.
oa
TAom
Presidential BleeUon ... 78S
Last Measage of Mr. Polk . . . 7S4
Financial Working of the Government
under the Hard Money System TSO
Coast Survey— Belongs to the Navy-
Converted Into a Separate Depart-
ment—Expense and Interminabili-
ty— Should be done by the Navy,
aa in Great Britain— Mr. Benton's
Speech— Extract .... 730
Proposed Extension of the Constitu-
tion of the United States to the Tex^
ritories, with a Yiew to make it car-
ry Slavery into California, Utah and
New Mexico 7S0
Progress of the Slaveiy Agitation-
Meeting of Members from the Slare
States- Influnmatory Addreas to
the Southern States ... 788
Inauguration of President Taylor—
His Cabinet 7S7
Death of Ex-Presldent Polk . 787
Thirty-first Congress— Fint Session-
List of Members— Organization of
the House 788
First and only Annual Measage of
President Taylor .... 740
Mr. Clay *a Plan of Compromise . . 748
Extension of the Missouri Compro-
mise line to the Pacific Ocean-
Mr. Davis, of Mississippi, and Me.
Clay— The Wilmot Proviso . MB
Mr. Calhoun'a Last Speech— Divoln-
tion of the Union proclaimed un-
leea the Constitution was amended,
and » Dual Executive appointed-
one President from the Slave States
and one from the Free Statea . 744
Death of Mr. Calhoun- His Euloginm
by Senator Bntier ... 747
Mr. Clay'a Plan of Slavery Compro-
mise—Mr. Benton's Speech Against
ilH-Extraota 740
Death of President Taylor 766
Inauguration and Cabinet of Mr. Fill-
more .707
B^ection of Mr. Clay'a Plan of Com-
promise 768
The Admission of the State of Cali-
fornia—Protest of Southern Sena-
tors—Bemarks upon it by Mr. Ben-
ton 760
Fugitive Slaves; Ordinance of 1787—
The Constitution— Act of 1798— Act
oflSOO 778
Disunion Movements— Southern Preea
at Washington— Southern Conven-
tion at Nashville— Southern Con-
gress called for by South Carolina
and Mississippi 780
The Supreme Court — Its Judges,
Clerk, Attorney-Generals, Report-
ers and Marshals during the Period
treated of in this Yolume . . 787
Condnsion 767
THIRTY YEARS' VIEW.
ADMINISTRATION OF MARTIN VAN BUREK
CHAPTEE I.
QTAtJGURATION OF MB. YAN BUBEN.
March the 4th of this year, Mr. Van Btiren
was inaugurated President of the United States
with the usual fonooalities, and conformed to the
usage of his predecessors in delivering a public
address on the occasion : a declaration of gen-
eral prindples, and an indication of the general
course of the administration, were the tenor of
his discourse: and the doctrines of the demo-
cratic school, as understood at the original for-
mation of parties, were those professed. Close
ohseryance of the federal constitution as written
— ^no latitudinarian constructions permitted, or
doubtful powers assumed—fiuthful adherence to
all its compromises — economy in the adminis-
tration of the government — ^peaoe, friendsbip
and fair dealing with all foreign nations — en-
tangling alliances with none: such was his
political chart: and with the expression of his
belief that a perseverance in this line of foreign
policy, with an increased strength, tried valor
of the people, and ezhaustless resources of the
country, would entitle us to the good inll of
nations, protect our national respectability, and
secure us from designed aggression from foreign
powers. His expressions and views on this head
deserve to be commemorated, and to be con-
sidered by all those into whose hands the man-
agement of the public affairs may go ; and are,
therefore, here given in his own words :
^ Our course of foreign policy has been so uni-
form and intelligible, as to constitute a rule of
executive conduct which leaves little to my dis-
cretion, unless indeed, I were willing to run coun-
ter to the lights of experience, and the known
opinions of my constituents. We sedulously
cultivate the friendship of all nations, as the con-
dition most compatible with our wel&re, and
the principles of our government We decline
alliances, as adverse to our peace. We desire
commercial relations on equal terms, being ever
willing to gve a fair equivalent for advantages
received. We endeavor to conduct our inter-
course with openness and sincerity; promptiv
avowing our objects, and seeking to establish
that mutual frankness which is as beneficial in
the dealings of nations as of men. We have no
disposition, and we disclaim all right, to meddle
in disputes, whether internal or foreign, that
may molest other countries ; regarding them, in
l^eir actual state^ as social communities, and pre-
serving a strict neutrality in all their contro-
versies. Well knowing tiie tried valor of our
people, and our exhaustiess resources, we
neither anticipate nor fear any designed aggres-
sion ; and, in the consciousness of our own just
conduct, we feel a security that we shall never
be called upon to exert our determination, never
to permit an invasion of our rights, without
punishment or redress."
These are sound and encoun^;ing viewsj
and in adherence to them, promise to the United
States a career of peace and prosperity compar-
atively free fix>m the succession of wars which
have loaded so many nations with debt and
taxes, filled them with so many pensioners and
paupers, created so much necessity for perma-
nent fleets and armies ; and placed one half the
population in the predicament of living upon the
hibor of the other. The stand which the United
States had acquired among nations by the vindi-
cation of her rights against the greatet^ ^^^>^>^^
'^ff
N'-
\ '.
illlili i \ i.' .'. ■ ■■
FUO:-: 1.V2" TU i>>>0.
> : ••.AS- i» • •'
n .\ ■ : ^ ' '^-^
1 V
V ' V \
12
THIBTY YEABS' VIEW.
stnyen to acoomplUh — to widen the fnetAllic
basis of the carrencj by a greater infusion of
coin into the smaller channels of circulation.
This was in a g;radual and judicious train of ac-
complishment. But this miserable foolery about
an ezdusively metallic currency, is quite as
absurd as to discard the steamboats, and go
back to poling up the Mississippi"
The lead thus given out was sedulously fol-
lowed during the winter, both in Congress and
out of it) and at the end of the session had
reached an immense demonstration in New
York, in the preparations made to receiye Mr.
Webster, and to hear a speech fh>m him, on his
return f^om Washii^ton. He arrived in New
Tork on the 15th of March, and the papers of
the dty give this glowing account of his recep-
tion:
"In conformity ^ith public announcement,
7e6terdAy,atabout half past 3 o'clock, the Honor-
able Dai; lEL Webster arrived in this dty in the
steamboat Swan from Philadelphia. The intense
desire on the part of the citizens to give a grate-
ful reception to this great advocate of the consti-
tution, set the whole dty in motion towai^ds the
point of debarkation, for nearly an hour before
the arrival of the distinguished visitor. At the
moment when the steamboat reached the pier,
the assemblage had attained that degree of
density and azudety to witness the landing, that
it was feared serious consequences would result
At half past 3 o'clock Mr. Webster: accompanied
by Philip Hone and David B. Ogden, landed
from the boat amidst the deafening cheers and
plaudits of the multitude, thrice repeated, and
took his seat in an open barouche provided for
the occasion. The prooe^on, consistmg of
several hundred dtizens upon horseback, a large
train of carriages and dtizens, formed upon State
street, and a^r receiving their distinguished
guest^ proceeded with great order up Broadway
to the i^rtments arranged for his reception at
the American HoteL The scene presented the
most gratifying spectade. Hundreds of dtizens
who had been opposed to Mr. Webster in poli-
tics, now that he appeared as a private individ-
ual, came forth to demonstrate tneir respect for
his private worth and to express their approba-
tion of his personal character; and thousands
more who appreciated his prindples and political
integrity, crowded aroimd to convince him of
their personal attachment, and g^ve evidence <^
their approval of his public acts. The wharves,
the shipping, the housetops and windows, ana
the streets £it>u^h which the procession passed,
were thronged vnth citizens of eveiy occupation
and degree, and loud and continued cheers
greeted the great statesman at every point
There was not a greater number at the recep-
tion of General Jackson in this dty, with the
exception of the military, nor a gr^uter degree
of enthusiasm manifested upon that occasion,
than the arrival upon our shores of Daniel Web-
ster. At 6 o'dodc in the evening, the anxious
multitude b^gan to move towards Niblo's saloon,
where Mr. Webster was to be addressed by the
committee of dtizens delegated for that purpose^
and to which it was expected he would reply.
A large body of officers were upon the ground
to keep the assemblage within bounds, and at a
quarter past six the doors were opened, whsn
tiie saloon, garden, and avenues leading uiereto
were instantly crowded to overflowing.
The meeting was called to order by Alderman
Clark, who proposed for president, David B.
Ogden, which upon being put to vote was unani-
mously adopted. The following gentlemen were
then elected vice-presidents, viz : Robert G. Cor-
nell, Jonathan Goodhue, Joseph Tucker, Na-
thaniel Weed; and Joseph Hoxie and G. S.
Robins^secretaries.
Mr. W. began his remarks at a quarter before
seven o'dock, p. m. and conduded them at a
quarter past nme. When he entered the saloon,
he was received with the most deafening cheers.
The hall rang vrith t^e loud plaudits of the
crowd, and every hat was waving. So great
was the crowd in the galleries, and such was the
apprehension that the apparently weak wooden
columns which supported would give way, that
Mr. W. was twice interrupted with the appalling
cry ^the galUrUa are fallmg^^ when only a
window was broken, or a stove-pipe shaken.
The length of the address (two and a half hours),
none too long, however, for the audience would
with pleasure have tarried two hours longer,
compels us to give at present only the heads of
a speech which we would otherwise now report
in detail."
Certainly Mr. Webster was worthy of all
honors in ihd great city of New York ; but hav-
ing been accustomed to pass through that dty
several times in every year during the preceding
quarter of a century, and to make frequent so-
journs there, and to speak thereafter, and in all
Ibe characters of politician, social guest, and
member of the bar, — ^it is certam that neither his
person nor his speaking could be such a novdty
and rarity as to call out upon his arrival so large
a meeting as is here described, invest it with so
much form, fire it with so much enthusiasm,
fill it with so much expectation, unless there
had been some large object in view — some great
effect to be produced — some consequence to re-
sult: and of all which this imposing demonstra-
tion was at once the sign and the initiative. No
holiday occasion, no complimentary notice, no
feeling of personal regard, could have called
forth an assemblage so vast, and inspired it with
such deep and anxious emotions. It required a
ANNO 1887. MARTIN TAN BUBBN, PBEBIDENT.
13
pdklic oljMt, % general interest, % pervading
oonoem, and a ■erioua apprehenaion of some un-
certain and fearftil future, to call out and oi^ganize
such a masB— not of the yoong^ the ardent, the
heedless— 4Hit of the age, the character, the
talent, the fhrtime^ the grsntj of the most
populons and opulent city of the Union. It was
as if the popolation of a great city, in terror of
some great impendii^ nnknown calamity, had
come forth to get consoUtion and counsel ttcm
a wise man— to ask him what was to happen 1
and what they were to do? And so in ftct it
was, as folly disdoeed in the address with which
the orator was saluted, and in the speech of two
hours and a half which he made in response to
it. The address was a deprecation of calamities;
the speech was responsive to the address^^ad-
nutted eyeiy thing that could he feared— and
charged the whole upon the mal-administration
of the federal government A picture of uni-
yersal distress vfss portrayed, and worse com-
ing ; and the remedy for the whole the same
which had been presented in Mr. Biddle's letter
— the recharter of tA« national hank. The speech
was a manifesto against the Jackson administm-
lion, and a protest against its continuation in
the person of his successor, and an invocation to
a general oombinatioQ against it All the banks
were sought to be united, and made to stand
together upon a sense of common danger —
the administration their enemy, the national
hank their protectknL Every industrial pursuit
was pictured as crippled and damaged by bad
government Material injury to private interests
were still more vehemently charged than polit-
ical injuries to the body politic In the deplor-
able pcture which it presented of the condition
of eveiy industrial pursuit, and especially in the
"war" upon the banks and the currency, it
seemed to be a justificatory pleading in advance
for s general shutting up of their doors, and the
shutting up of the federal treasury at the same
time. In this sense^ and on this point, the
speech contained this ominous sentence, more
candid than discreet, taken in connection with
what was to happen:
^ Sememher, gmtUmen^ in the midst of this
dsafening din again$t dU banit^ that if it didll
&r$ate aueh apanie, or aueh alarms a» tihaU thut
vp the J)ank$^ it will $hut up the treoiurff of the
United States dUo.^ •
The whole tenor of the speech was calculated
to produce discontent, create distress, and ezdte
alarm — discontent and distress for present su^
ferings— alarm for the greater, whidi were to
come. This is a sample:
" Gentlemen, I would not willingly be a pro-
phet of ill. I most devoutly wish to see a better
state of things ; and I bebeve the repeal of the
treasury order would tend yery much to bring
about tnat better state of things. And I am of
opinion, eentlemen, that the order will be re-
pealed. I think it must be repealed. I think
the east, west, north and south, will demand its
repeiJ. But, gentlemen, I feel it my duty to say,
that if I shoud be disappointed in this expecta-
tion, I see no immediate relief to the distresses
of the community. I greatly fear, even, that
the worst is not yet I look for severer dis-
tresses ; for extreme difBculties in exchange ; for
&r greater inconveniences in remittance^ and for
a sudden fell in prices. Our condition is one not
to be tampered with, and the repeal of the treas-
ury order being something which goyemment
can do, and whish will do good, the public yoioe
is right in demanding that repeaL It is true, if
repealed now, the relief will come late. Never-
theless its repeal or abrogation is a thing to be
insisted on, and pursued till it shall be accom-
plished."
The speech concluded with an earnest ex-
hortation to the citizens of New York to do
something, without saying what, but which with
my misgivings and presentiments, the whole
tenor of the speech and the circumstances which
attended it— deliyered in the moneyed metropolis
of the Union, at a time when .there was no
political canvass depending^ and the ominous
omission to name what was required to be done
— appeared to me to be an invitation to the
New Yoric banks to dose their doors ! which
being done by them would be an example fol-
lowed throughout the Union, and produce the
consummation of a uniyersal suspension. The
follovring is that condusion :
" Whigs of New York 1 Patriotic dtiaens of
this great metropolis ! — ^Lovers of constitutional
liberty, bound by interest and aiTection to the
institutions of your country, Americans in heart
and in principle ! You are ready, I am sure, to
fulfil all the duties imposed upon you by your
situation, and demanded of you by your coun-
try. You have a central position ; your dty is
the point fix)m which intelligence emanates, and
spreads in all directions over the whole land.
Every hour carries reports of your sentiments
and opinions to the verge of the Union. You
cannot escape the responsibility which drcum-
stanoes haye thrown upon you. You must live
and act on a broad and conspicuous theatre,
either for good or fer evil, to your countiy. You
cannot shnnk away tram pubtic duties; you
14
THIBT7 YEARS' VIEW.
OMmot obscnm yooraelTefl, nor bury your talent
In the common welfare, in the common proa*
perity, in the common glory of Americans, you
haTe a stake, of yalne not to be calculated, lou
hare an interest in the preserration of the Union,
of the constitution, and of the true prindples of
the goTemment, which no man can estimate.
You act for yourselyes, and for the generations
that are to come after you ; and those who, ages
hence, shall bear your names, and partake your
blood, will feel in their political and social con-
dition, tiie consequences of the manner in which
you discharge your political duties.''
The appeal for action in this paragraph is
tehement. It takes eveiy form of riolent desire
which is known to the art of entreaty. Suppli-
cation, solicitation, remonstrance, importunity,
prayer, menace ! until risfaig to the dignity of a
debt due from a moneyed metropolis to an ex-
pectant community, he demanded payment as
matter of right ! and enforced the demand as an
obligation of necessity, as well as of duty, and
from which such a community could not escape,
if it would. The nature ofthe action which was
SQ vehemently desired, could not be mistaken.
I hold it a fair interpretation of this appeal that
it was an exhortation to the bunness population
of the commercial metropolis of the Union to
take the initiative in suspending specie payments,
and a justiflcatoiy manifesto for doing so ; and
that the speech itself was the first step in the
grand performance : and so it seemed to be un-
derstood. It was received with unbounded ap-
plause, lauded to the skies, cheered to the echo,
carefully and elaborately prepared for publica-
tion,— ^published and republished in newspaper
and pamphlet form ; and universally circulated.
This was in the first month of Mr. Van Buren's
presidency, and it will be seen what the second
ono brought forth.
The specie drcnlar— that treasury order of
President Jackson, which saved the public lands
ttom being converted into broken bank paper —
■was the subject of repeated denunciatoiy refer-
ence— ^very erroneous, as the event has proved.
In its estimate of the measure | but quite cor-
rect in its histoiy, and amusmg in its reference
to some of the friends of the administration who
undertook to act a part for and against the ro-
sdsffion of the order at the same time.
''Mr. Websterthen came to the treasury cir-
cular, and related the histoiy of the late legisl»-
tion upon it ' A member of Congress,' sud
he, 'prepared this very treasury order in 1836,
but tne only vote he got for it was his own— he
stood 'solitary' and 'alone' (a laugh); and
yet eleven days after Congress had adjourned —
only six months after the President in his
annual message had congratulated the people
upon the prosperous sales of the public lands, —
this order came out in known and direct opposi-
tion to the wishes of nine-tenths ofthe members
of Congress.'"
This is good history fh>m a dose witness of
what he relates. The member referred to as
having prepared the treasury order, and offered
it in the shape of a bill m the Senate, and get-
ting no vote for it but his own, — ^who stood soli-
tary and alone on that occasion, as well as on
some others— was no other than the writer of
this View; and he has lived to see about as
much unanimity in fevor of that measure since
as there was against it then. Nine-tenths of the
members of Congress were then against it, but
from very difierent motives — ^some because they
were deeply engaged in land speculations, aiui
borrowed paper fi^m the banks for the purpose ;
some because they were in the interest oi the
banks, and wished to give their paper credit and
circulation; others because they were sincere
believers in the paper system ; others because
they were opposed to the President^ and be-
lieved him to be in favor of the measure ; others
again from mere timidity of temperament, and
constitutional inability to act strongly. And
these various descriptions embraced friends as
well as foes to the administration. Mr. Webster
says the order was issued eleven days after that
Congress acyoumed which had so unanimously
rejected it That Ib true. We only waited for
Congress to be gone to issue the order. Mr.
Benton was in the room of the private secre-
tary (Mr. Donelson), hard by the council cham-
ber, while the cabinet sat in council upon this
measure. They were mostly against it Gen-
eral Jackson ordered it, and directed the private
Secretary to bring him a draft of the order to
be issued. He came to Mr. Benton to draw it
— ^who did so : and being altered a little, it was
given to the Secretary of the Treasury to be pro-
mulgated. Then Mr. Benton asked for hisdraft^
that he might destroy it The private secretary
said no — that the time might come when it
should be known who was at the bottom of that
Treasury order: and that he would keep it It
was issued on the strong will and clear head of
President Jackson,' and saved many ten millions
to the public treasury. Bales of bank notes were
on the road to be converted into pubUc lands
AJSTSO 18S7. ICABTIN YAH BUSBIT, PRESIDENT
15
.which this order OTertook, and sent back, to
depredate in the Tanlts of the banks instead of
the coffers of the treasury. To repeal the order
hy law was the effort as soon as Congress met,
and direct le^lataon to that effect was proposed
by Mr. Ewing, of Ohio^ but superseded by a dr-
cumlocntory bill from Mr. Walker and Mr.
BiTes, whidi the President treated as a nullity
Ibr want of intelligibility: and of which Mr.
"Webster gave this account :
^ If he himself had had power, he would have
toted for Mr. Swing's proposition to repeal the
order, in terms which Mr. Butler and the late
President could not haye misunderstood; but
power was so strong, and members of Congress
nad now become so delicate about giving o&nce
to it, that it would not do, for the world, to
repeal the obnoxious drcular, plainly and forth-
with ; but the ingenuity of the friends of the
administration must dodge around it and oyer
it — and now Mr. Butler had the unkmdness to
tell than that their yiews neither h^ lawyer as
he i& nor the President, could possibly imder-
stand (a liuigb), and that as it could not be
understood, the President nad pocketed it — and
left it upon the archiyes of state, no doubt to
be studied there. Mr. W. would call attention
to the remarkable &ct, that though the Senate
acted upon this currency bill in season, yet it
was put off and put off— so that, by no action
upon it before the ten days allowed the Presi-
dent by the constitution, the power oyer it was
completely in his will, eyen though the whole
nation and eyery member of Congress wished
for its repeal. Mr. W., howeyer, ^lieyed that
such was the pressure ca public opinion upon the
new President, that it must soon be repealed."
Tliis amphibology of the bill, and delay in
passing it, and this dodging around and oyer,
was occasioned by what Mr. Webster calls the
delicacy of some members who had the difficult
part to play, of going with the enemies of the
administration without going against the ad-
ministration. A chapter in the first yolume of
this View g^yes the history of this work ; and
the last sentence in the passage quoted from
Mr. Webster's speech giyes the key to the
yiews in which the speech originated, and to
the proceedings by which it was accompanied
and followed. ^ItiM believed that fuch is the
pressure of public opinion upon the new Pres-
ident that it must soon be repealed?'*
In another part of his speech, Mr. Webster
shows that the repealing bill was put by the
whigs into the hands of certain friends of the
administration, to be by them seasoned into a
palatable dish \ and that they gained no fayor
with the " bold man" who despised flind>inR
and loyed decision, eyan in a foe. Thus :
« At the commencement of the last sesdon,
as you know, gentlemen, a resolution was
brought forward in the Senate for annulling
and abrogating this order, by Mr. £win(^ a gen-
tleman of much intelligenoe. of sound prmdplea,
of yigorous and enereetic character, whose loss
from the serrioe of the country, I regard as a
public misfortune. The whig members all sup-
ported this resolution, and ul the members^ I
belieye, with the exception of some fiye or sul
were yeiy anxious, in some way, to get rid of
the treasury order. But Mr. Swing's resolu-
tion was too direct It was deemed a pointed
and ungradous attack on executiye poli<7.
Therefore, it must be softened, modified, quaiN
fied, made to sound less harsh to the ears oC
men in power, and to aasnme a plaudble^ pol>
ished, inoffensiye character. It was accordiiijg^
put into the plastic hands of the fHends of the
executiye, to oe moulded and fiishioned, so tiliat
it might haye the effect of ridding the country
of tlM obnoxious order, and yet not appear to
question executiye in&llibility. All this did
not answer. The late President is not a man
to be satisfied with soft words ; and he saw in
the measure, eyen as it passed the two housefly
a substantial repeal of the order. He is a man
of boldness and dednon ; and he respects bold-
ness and decision in others. K you are his
friend, he expects no flinching ; and if you are
his adyersary, he respects you none the less, for
carrying your oppootion to the full limits of
honorable waifrtre."
Mr. Webster must haye been greatly dissat-
isfied with lus democratic allies, when he could
thus, in a public speech, before such an audi-
ence, and within one short month after they
had been co-operating with him, hold them 19
as equally unmeritable in the eyes of both
parties.
History deems it essential to present this
New York speech of Mr. Webster as part of a
great moyement, without a knowledge of which
the yiew would be imperfect It yras the first
formal public step which was to inaugurate the
new distress, and organize the proceedings for
shutting up the banks, and with them, the fed-
eral treasury, with a yiew to coerce the goyem-
ment into submisdon to the Bank of the United
States and its confederate politicians. Mr. Van
Buren yras a man of great suayity and gentie-
ness of deportment, and, to those who associated
the idea of yiolenoe with firmness, might be
supposed defident in that quality. An expezi-
ment upon his neryes was resolyed on — a pres*
sure of public opinion, in the language of Mr
16
THIRTr YEARS' VIEW.
Webster, under which his gentle temperament
was expected to yield.
CHAPTBE IV.
PBOGBESS OF THE DISTBESS. ASD PBELIM-
mASIBS FOB THE BUSFEN8I0N.
The speech of Mr. Webeter— his appeal for
action—- was soon followed by its appointed con-
oeqnenoe — an immense meeting in the city of
New Tork. The speech did not produce the
meeting, any more than the meeting produced
the speech. Both were in the prognunme, and
performed as prescribed, in their respective
places— the speech first, the meeting afterwards ;
and the latter justified by the former. It was
an immense assemblage, composed of the elite
of what was foremost in the dty for property,
talent, respectability; and took for its business
the consideration of the times : the distress of
the thnes, and the nature of the remedy. The
imposing form of a meeting, solemn as well as
numerous and respectable^ was gone through :
speeches made, resolutions adopted : order and
emphasis given to the prooeediogs. A presi-
dent, ten vice-presidents, two secretaries, seven
orators (Mr. Webster not among them : he
had performed his part, and made his exit),
officiated in the ceremonies ; and thousands of
citizens constituted the accumulated mass.
The spirit and proceedings of the meeting were
concentrated in a series of resolves, each stronger
than the other, and each more welcome than
the former ; and all progressive, from hcta and
principles declared, to duties and performances
recommeijded. The first resolve declared the
existence of the distress, and made the picture
gloomy enough. It was in these words :
'^ Whereas, the great commercial interests of
our city have nearly reached a point of general
ruin— our merchants driven from a state of
prosperity to that of unprecedented difficulty
and bankniptcy-^'the busmess, activity and
energy, which have heretofore made us the
polar star of the new world, is daily sinking,
and taking from us the fruits of years of indus-
try—reducing the aged among us, who but yes-
tmay were sufficiently in affluence, to a state
of comparative want; and blighting the pros-
pects, and blasting the hopes of the young
throi^hout our once prosperous land : we deem
it our duty to express to the country our situa-
tion and desires, while yet there is time to re-
trace error, and secure those rights and perpet-
uate those prindples which were bequeathed us
by our fathers, and which we are bound to make
every honorable eflK>rt to maintain."
After the fact of the distress, thus established
by a resolve, came the cause; and this was the
condensation of Mr. Webster's speech, collect-
ing into a point what had been oratorically dif-
fused over a wide surface. What was itself a
condensation caimot be further abridged, and
must be g^ven in its own words :
"That the wide-spread disaster which has
overtaken the commercial interests of the coun-
try, and which threatens to produce general
bankruptcy, may be in a great measure ascribed
to the interference of the general government
with the commercial and busmess operations
of the country ; its intermeddling with the cur-
rency; its destruction of the national bank;
its attempt to substitute a metallic for a credit
currency; and, finally, to the issuing by the
President of the United States of the treasury
order, known as the " specie circular."
The next resolve foreshadowed the conse-
quences which follow from governmental perse-
verance in such calamitous measures — general
bankruptcy to the dealing classes, starvation to
the laboring classes, public convulsions, and
danger to our political institutions; with an ad-
monition to the new President of what m^^ht
hi4>pen to himself, if he persevered in the ^ e2>
periments" of a predecessor whose tyranny
and oppression had made him the scourge of his
country. But let the resolve speak for itself:
"That while we would do nothing which
might for a moment compromit our respect for
the laws, we feel it incumbent upon us to re-
mind the executive of the nation, that the gov-
ernment of the country, as of late administCTcd.
has become the oppressor of the people, insteaa
of affording them protection — ^that his persever-
ance in the experiment of his predecessor (after
the public voice, in every way in which that
voice could be expressed, has clearly denounced
it as ruinous to Uie best interests of tlie coun-
try) has already caused the ruin of thousands
of merchants, thrown tens of thousands of me-
chanics and laborers out of employment depre-
ciated the value oi our great staple millions of
dollars, destroyed the internal exchanges, and
prostrated the energies and blighted -the pros-
pects of the industrious and enterprising por-
tion of our people ; and must, if persevered in,
not only produce starvation among the labor-
ing classes, but inevitably lead to disturbances
which may endanger the stability of our insti-
tutions themselves."
This word ^experimenJL " had become a stap
pie phrase in all the distress oratory and litera-
ANNO 18S7. MARtnr YAK BUBEN, FBEBIDENT.
17
tare oi tho day, Bometimes heightened bj the
prefix of ^ quack^^ and was applied to all the
efforts of the Administration to return the fed-
eral government to the hard money currency,
which was the currency of the constitution and
the currency of all oonntries ; and which efforts
were now treated as novelties and dangerous
innovations. Universal was the use of the
phrase by one of the political parties some
twenty years ago : dead silent are their tongues
upon it now! Twenty years of successful
working of the government under the hard
money system has put an end to the repetition
of a phrase which has suffered the &te of all
catch-words of party, and became more dis-
tasteful to its old employers than it ever was
to their adversaries. It has not been heard
since the federal government got divorced from
bank and paper money ! since gold and silver
has become the sole currency of the federal gov-
ernment! since, in fact, the memorable epoch
when the Bank of the United States (former
sovereign remedy for all the ills the body poli-
tic was heir to) has become a defect authority,
and an " obsolete idea."
The next resolve proposed a direct movement
upon the President — ^nothing less than a com-
mittee of fifty to wait upon him, and " remon-
strate^^ with him upon what was called the
ruinous measures of the government.
" That a committee of not less than fifty be
appointed to repair to Washinj^ton, and remon-
strate with the Executive agamst the continu-
ance of " the specie circular;" and in behalf of
this meeting and in the name of the merchants
of New York, and the people of the United
States, urge its inmiediate repeal."
This fomudable committee, limited to a min-
imum of fifty, open to a maximum of any
amount, besides this "remonstrance" against
the specie circular, were also instructed to pe-
tition the President to forbear the collection of
merchants' bonds by suit ; and also to caU an
extra lession of Congress. The first of these
measures was to stop the collection of the ac-
cruing revenues: the second, to obtain from
Congress that submission to the bank power
which could not be obtained fbom the Presi-
dent. Formidable as were the arrangements
for acting on the President provision was dis-
creetly made for a possible fiulure, and for the
prosecution of other measures. With this view,
Vol. II.— 2
the committee of fifty, after their return firom
Washington, were directed to call another gen-
eral meetmg of the citizens of New York, and
to report to them the results of their mission.
A concluding resolution invited the co-opera-
tion of the other great cities in these proceed-
ings, and seemed to look to an imposing demon-
stration of physical force, and strong determina-
tion, as a means of acting on the mind, or will
of the President ; and thus controlling the firee
action of the constitutional authorities. This
resolve was specially addressed to the merchants
of Philadelphia, Boston and Baltimore, and gen-
erally addressed to all other commercial cities,
and earnestly prayed their assistance in saving
the whole country from ruin.
^That merchants of Philadelphia, Boston,
Baltimore, and the commercial cities of the
Union, be respectfully requested to unite with
us in our remonstrance and petition, and to use
their exertions, in connection with us, to induce
the Executive of the nation to listen to the voice
of the people, and to recede from a measure
under the evils of which we are now laboring,
and which threatens to involve the whok
country in ruin."
The language and import of all these resolves
and proceedings were sufficiently strong, and
indicated a feeling but little short of violence
towards the government ; but, according to the
newspapers of the city, they were subdued and
moderate — ^tame and spiritiess, in comparison
to the feeling which animated the great meet-
ing. A leading paper thus characterized that
feeling:
^ The meeting was a remarkable one for the
vast numbers assembled — the entire decorum
of the proceedings — and especially for the deep^
though subdued and restrained, excitement
which evidently pervaded the mighty mass.
It was a spectacle that could not be looked
upon without emotion, — ^that of many thousand
men trembling, as it were, on the brink of
ruin, owing to the measures, as they verily be-
lieve, of their own government, which should
be their friend^ instead of their oppressor — and
yet meeting with deliberation and calmness, lis-
tening to a narrative of their wrongs, and the
causes thereof, adopting such resolutions as
were deemed Judicious ; and then ouietlv .sepa-
rating, to abide the result of their nrm but re-
spectSil remonstrances. But it is proper and
fit to say that this moderation must not be mis-
taken for pusillanimity, nor be trified with, as
though it could not oy any aggravation of
wrong be moved fW>m its propriety. No man
18
THIRTY TEARS' VIEW.
McuBtomed, from the expression of the oounte-
nance, to translate the emotions of the hearty
oould have looked upon the faces and the bear-
ing of the multitude assembled last eyening, and
not haye felt that there were fires smouldering
there, which a single spark might cause to burst
into name."
Smouldering fires wbich a single spark might
light into a flame ! Possibly that spark might
haye been the opposing yoice of some citizen,
who thought the meeting mistaken, both in the
fitct of the ruin of the country and the attribu-
tion of that ruin to the specie circular. No
such yoice was lifted — ^no such spark applied,
and the proposition to march 10,000 men to
Washington to demand a redress of grieyances
was not sanctioned. The committee of fifty
was deemed sufficient, as they certainly were,
for eyery purpose of peaceful communication.
They were eminently respectable citizens, any
two, or any one of which, or eyen a mail trans-
mission of their petition, would haye com-
manded for it a most respectful attention.
The grand committee arriyed at Washington —
asked an audienc^'of the President — receiyed
it; but with the precaution (to ayoid mistakes)
that written communications should alone be
used. The committee therefore presented their
demands in writing, and a paragraph from it
will show the degree to which the feeling of the
dty had allowed itself to be worked up.
" We do not tcU a fictitious tale of woe ; we
haye no selfish or partisan yiews to sustain,
when we assure you that the noble dty which
we represent, lies prostrate in despair, its credit
blighted, its industry paralyzed, and without a
hope beaming through the darkness of the
future, unless the goyemment of our country
can be induced to relinquish the measures to
which we attribute our distress. We fully
appreciate the respect which is due to our chief
magistrate, and disclaim eyery intention incon-
aistent with that feeling ; but we speak in be-
half of a community whidi trembles upon the
brink of ruin, whidi deems itself an adequate
judge of all questions connected with the trade
and currency of the country, and belieyes that
the policy adopted by the recent administra-
tion, and sustained by the present is founded
in error, and threatens the destruction of eyery
department of industry. Under a deep impres-
sion 6f the propriety of confining our dedara-
tions wit W moderate limits, we affirm that the
yaiue of our real estate has, within the last six
months^ depreciated more than forty millions :
that within the last two months, there haye
been more than two hundred and fifty failures
of houses engaged in extensiye business : that
within the same period, a dedine of twenty
millions of dollars has occurred in our local
stocks, including those railroad and canal in-
corporations, which, though chartered in other
States, depend chiefly upon New York for their
sale : that the immense amount of merchandise
in our warehouses has within the same period
fallen in yalue at least thirty per cent. ; that
within a few weeks, not less than twenty thou-
sand indiyiduals, depending on their daily labor
for their daily bread, haye been discharged by
their employers because the means of retaining
them were exhausted — ^and that a complete
blight has fallen upon a community heretofore
so actiye, enterprising and prosperous. The
error of our rulers has produced a wider deso-
lation than the pestilence which depopulated
our streets, or the conflagration, which laid
them in ashes. We belieye that it- is unjust to
attribute these eyils to any excessiye deyelop-
ment of mercantile enterprise, and that they
really flow from that unwise system which
aimed at the substitution of a metallic for a
paper currency — ^the system which gaye the
first shock to the fiibrio of our commercial
prosperity hj remoying the public deposits
from the United States bank, which weil^ened
eyery part of the edifice by the destruction of
that useful and efficient institution, and now
threatens to crumble it into a mass of ruins
under the operations of the specie circular,
which withdrew the gold and silyer of the
country from the channels in which it could be
profitably employed. We assert that the ex-
periment has had a fair — a liberal trial, and that
disappointment and mischief are yisible in all
its results — ^that the promise of a regulated
currency and equalized exchanges has been
broken, the currency totally disordered, and in-
ternal exchanges almost entirely discontinued.
We, therefore, make our earnest appeal to the
Executiye, and ask whether it is not time to in-
terpose the paternal authority of the eoyem-
ment and abandon the policy which is beggar^
ing the people."
The address was read to the President He
heard it with entire composure — made no sort
of remark upon it—treated the gentlemen with
exquisite politeness — and promised them a
written answer the next day. This was the
third of May : on the fourth the answer was
deliyered. It was an answer worthy of a Pres-
ident— a calm, quiet, decent, peremptory refusal
to comply with a single one of their demands !
with a brief reason, ayoiding all controyersy, and
foredosingjJl further application, by a clean re-
fusal in each case. The committee had nothing
to do but to return, and report: and they did
so. There had been a mistake committed in
ASSO 18Sf. HABTm VAN BUREK, PREaiDENT.
19
the estimate of the man. Mr. Van Buren yin*
dioated equally the rights of the chief magia-
trate, and his own personal decorum ; and left
the committee without any thing to complain of,
although unsuooeseful in all their objects. He
also had another opportunity of vindicating his
personal and oflSdal decorum in another visit
which he received about the same time. Mr.
Biddle caUed to see the President — apparently
a call of respect on the chief magistrate — about
the same time, but evidently with the design to
be consulted, and to appear as the great restorer
of the currency. Mr. Van Buien received the
visit according to its apparent intent, with en-
tire civility, and without a word on public
affairs. Believing Mr. Biddle to be at the bottom
of the suspension, he could not treat him with
the confidence and respect which a consultation
would imply. He (Mr. Biddle) felt the slight,
and caused this notice to be put in the papers :
" Bemg on other business at Washington, Mr.
Biddle took occasion to call on the President
of the United States, to pay his respects to him
in that character, and especially, to afford the
President an op{M>rtunity, if he chose to em-
brace it, to speak of the present state of things,
and to confer, if he saw fit, with the head of the
lai^est banking institution in the country— and
that the institution in which such general ap-
plication has been made for relief. During the
interview^ however, the President remained pro-
foundly silent upon the great and interesting
topics of the da^ ; and as Mr. Biddle did not
think it his busmess to introduce them, not a
word in relation to them was said."
Returning to New Tork, the committee con-
voked another general meeting of the citizens,
as required to do at the time of their appoint-
ment; and made their report to it, recommend-
ing further forbearance, and further reliance on
the ballot box, although (as they said) history
recorded many .popular insurrections where the
provocation was less. A passage ifrom this report
will show its spirit, and to what excess a commu-
nity may be excited about nothing, by the mu-
tual inflammation of each other's passions and
complaints, combined vrith a power to act upon
the business and interests of the people.
" From this correspondence it is obvious, fel-
low-citizens, that we must abandon allnope
that either the justice of our claims or the se-
verity of our sifrerings will induce the Execu-
tive to abandon or relax the policy which has
produced such desolating effect&^rand it remains
for us to consider what more is to be done ia
this awful crisis of our affairs. Our first duty
under losses and distresses which we have en-
dured, is to cherish with religious care the
blessings which we yet enjoy, and which can be
Erotected only by a strict observance of the
Lws upon which society depends for security
and happiness. We do not disguise our opinion
that the pages of history record, and the opin-
ions of mankind justify, numerous instances of
popular insurrection, the provocation to which
was less severe than the evils of which we com-
plain. But in these cases, the outraged and
oppressed had no other means of redress. Our
case is different If we can succeed in an effort
to bring public opinion into svmpathy with the
views which we entertain, the Executive will
abandon the policy which oppresses, instead of
protecting the people. Do not despair because
the time at which the ballot box can exerdse
its healing influence appears so remote — ^the sar
gacity of the practical politician will perceive
the change in public sentiment before you are
aware of its approach. But the effort to pro-
duce this change must be vigorous and untir-
ing."
The meeting adopted corresponding resolu-
tions. Despairing of acting on the Piesident^
the move was to act upon the people — ^to rouse
and combine them against an administration
which was destroying their industry, and to re-
move fix)m power (at the elections) those who
were destroying the industry of the country.
Thus:
** Resolved^ That the mterests of the capital-
ists, merchants, manufacturers, mechanics and in-
dustrious classes, are dependent upon«ach other,
and any measures of the government whic^
prostrate the active business men of the com-
munity, will also deprive honest industry of its
reward 5 and we call upon all our fellow-citizens
to unite with us in removing firom power those
who persist in a system that is destrojring the
prosperity of our country."
Another resolve summed up the list of griev-
ances of which they complained, and enumerat- .
ed the causes of the pervading ruin which had
been brought upon the country. Thus :
" Resolved^ That the chief causes of the ex*
isting distress are the defeat of Mr. Clay's land
bill, the removal of the public deposits, the re-
fiisal to re-charter the Bank of the United
States, and the issuing of the e^ode cinmlar.
The land bill was passed by the people's i^pre-
sentatives, and vetoed by the President— the bill
rechartering the bank was passed by the peo-
Ss representatives, and vetoed by the Presi-
t The people's representatives declared by
a SQlemn resolution, that the public deposits
20
THIRTY YEARS* VIEW.
were safe in the United States Bank ; within a
few weeks thereafter, the President removed the
public deposits. The people's representatiyes
passed a bill rescinding the specie circular : the
President destroyed it bv omitting to return it
within the limited period; and in the answer to
our addresses, President Van Buren declares
that the specie circular was issued by his pr^
decessor, omitting all notice of the Secretary of
the Treasury, who is amenable directly to Con-
gress, and charged by the act creating his de-
partment with the superintendence of the finan-
ces, and who signed the order."
These two resolves deserve to be noted. They
were not empty or impotent menace. They
were for action, and became what they were in-
tended for. The moneyed corporations, imited
with a political party, were in the field as a po-
litical power, to govern the elections, and to
govern them, by the only means known to a
moneyed power — by operating on the interests
of men, seducing some, alarming and distressing
the masses. They are the key to the manner of
oondupting the presidential election, and which
will be spoken of in the proper place. The
union of Church and State has been generally
condemned : the union of Bank and State is far
more condenmable. Here the union was not
with the State, but with a political party, nearly
as strong as the party in possession of the
government) and exemplified the evils of the
meretricious connection between money and
politics ; and nothing but this union could have
produced the state of things which so long
afflicted the country, and from which it has
been relieved, not by the cessation of their im-
puted causes, but by their perpetuation. It is
now near twenty years since this great meeting
was held in New York. The ruinous measures
complained of have not been revoked, but be-
come permanent They have been in full force,
and made stronger, for near twenty years. The
universal and black destruction which was to en-
sue their briefest continuance, has been substi-
tuted by the most solid, brilliant, pervading, and
abiding prosperity that any people ever beheld.
Thanks to the divorce of Bank and State. But
the consummation was not yet. Strong in her
name, and old recollections, and in her political
connections — dominant over other banks — ^brib-
ing with one hand, scourging with the other— a
long retinue of debtors and retainers— desperate
in her condition— impotent for good, powerful
for evil— conlbderated with restiess politicians,
and wickedly, corruptly, and revengefully ruled:
the Great Red Harlot, pro&ning the name of a
National Bank, was still to continue a while
longer its career of abominations— maintaining
dubious contest with the government which
created it, upon whose name and revenues it
had gained the wealth and power of which it
was still the shade, and whose destruction it
plotted because it could not rule it Posterity
should know these things, that by avoiding bank
connections, their governments may avoid the
evils that we have suffered ; and, by seeing the
excitements of 1837, they may save themselves
firom ever becoming the victims of such delusion.
CHAPTER V.
ACTUAL BtrSPENSION OF THE BANES: PROPAGA-
TION OF THE ALABM.
None of the public meetings, and there were
many following the leading one in New York,
recommended in terms a suspension of specie
payments by the banks. All avoided, by con-
cert or instinct) the naming of that high
measure ; but it was in the list, and at the head
of the list, of the measures to be adopted; and
every thing said or done was with a view to that
crowning event ; and to prepare the way for it
before it came ; and to plead its subsequent justi-
fication by showing its previous necessity. It
was in the programme, and bound to come in its
appointed time ; and did— and that within a few
days after the last great meeting in New York.
It took place quietiy and generally, on the morn-
ing of the 10th of May, altogether, and with a
concert and punctaality of action, and with a
military and police preparation, which an-
nounced arrangement and detemunation ; such
as attend revolts and insurrections in other
countries. The preceding night all the banks
of the city, three excepted, met by their officers,
and adopted resolutions to close their doors in
the morning : and gave out notice to that effect
At the same time three regiments of volunteers,
and a squadron of horse, were placed on duty in
the principal parts of the city ; and the entire
police force, lugely reinforced with special con-
stables, was on foot This was to suppress the
discontent of those who might be too much
ANNO 188Y. IIARTIN VAN BX7BEN, PRESIDENT.
21
diBsatisfied at being repulsed when they came to
ask for the amount of a deposit, or the contents
of a bank note. It was a humiliating spectacle,
but an effectual precaution. The people remained
quiet At twelye o'clock a large meramtile meet-
ing took place. Resolutions- were adopted hj it to
sustain the suspension, and the newspaper press
was profuse and energetic in its support The
measure was consummated : the suspension was
complete : it was triumphant in that city whose
example, in such a case, was law to the rest of
the Union. But, let due discrimination be made.
Though all the banks joined in the act, all were
not equally culpable; and some, in fact, not
culpable at all, but yictims of the criminality, or
misfortunes of others. It was the effect of ne-
cessity with the deposit banks, exhausted by
'vain efforts to meet the quarterly deliveries of
the forty millions to be deposited with the
States; and pressed on all sides because they
were goyemment banks, and because the pro-
gramme required them to stop first It was an
act of self-defence in others which were too weak
to stand alone, and which followed with reluc-
tance an example which they could not resist
With others it was an act of policy, and of
criminal contrivance, as the means of carrying a
real distress into the ranks of the people, and
exciting them against the political party to
whose acts the distress was attributed. But the
prime mover, and master manager of the sus^
pension, was the Bank of the United States,
then rotten to the core and tottering to its fall,
but strong enough to carry others with it, and
seeking to hide its own downfall in the crash of
a general catastrophe. Having contrived the
suspension, it wished to appear as opposing it,
and as having been dragged down by others ; and
accordingly took the attitude of a victim. But
the impudence and emptiness of that pretension
was soon exposed by the difficulty which other
banks had in forcing her to resume ; and by the
facility with which she fell back, " solitary and
alone," into the state of permanent insolvency
from which the other banks had momentarily
galvanized her. But the occasion was too good
to be lost for one of those complacent epistles,
models of quiet impudence and cool mendacity,
with which Mr. Biddle was accustomed to regale
the public in seasons of moneyed distress It was
impossible to forego such an opportunity ; and,
accordingly, three days after the New Tork sus-
pension, and two days after his own, he held
forth in a strain of which the following is a
sample:
''All the deposit banks of the government of
the United States in the dty of New York sus-
Cded specie payments this week — the deposit
ks elsewhere have followed their example;
which was of course adopted by the State buiks
not connected with the government. I say of
course, because it is certam that when the gov-
ernment banks cease to pay specie, all the other
banks must cease, and for this clear reason. The
great creditor in tne United States is the govern-
ment It receives for duties the notes of the
various banks, which are placed for collection in
certain government banks, and are paid to those
government banks in specie if requested. From
the moment that the deposit banks of New
York, failed to comply with their engagements,
it was manifest that ail the other deposit banks
must do the same, that there must be a universal
suspension throughout the country, and that the
treasury itself in the midst of its nominal abun-
dance must be practically bankrupt"
This was all true. The stoppage of the de-
posit banks was the stoppage of the Treasury.
Non-payment by the government, was an excuse
for non-payment by others. Bankruptcy was
the legal condition of non-payment; and that
condition was the fate of the government as well
as of others; and all this was perfectly known
before by those who contrived, and those who
resisted the deposit with the States and the use
of paper money by the federal government.
These two measures made the suspension and
the bankruptcy ; and all this was so obvious to
the writer of this View that he proclaimed it
incessantly in his speeches, and was amazed at
the conduct of those professing friends of the
administration who voted with the opposition
on these measures, and by their votes insured the
bankruptcy of the government which they pro-
fessed to support. Mr. Biddle was right The
deposit banks were gone ; the federal treasury
was bankrupt ; and those two events were two
steps on the road which was to lead to the re-
establishment of the Bank of the United States !
and Mr. Biddle stood ready with his bank to
travel that road. The next paragraph displayed
this readiness.
'* In the midst of these disorders the Bank
of the United States occupies a peculiar posi-
tion, and has special duties. Had it consulted
merely its own strength it would have contin-
ued its payments without reserve. But in
22
THIRTT YEARS' VIEW.
Buch a state of things the first considera-
tion is how to escape from it — ^how to provide
at the earliest practicable moment to change a
condition which should not be tolerated beyond
the necessity which commanded it. The old
associations, the extensive connections, the
established credit^ the large capital of the
Bank of the United States, rendered it the
natural rallying point of the country for the
resumption of specie payments. It seemed
wiser, therefore, not to waste its strength in a
straggle which might be doubtful while the Exe-
cutive persevered in its present policy, but to
husband all its resources so as to profit by the
first favorable moment to take the lead in the
early resumption of specie payments. Aocord-
Ihgly the Bank of the United States assumes
that position. From this moment its efforts
will be to keep itself strong, and to make itself
stronger; always prepared and always anxious
to assist in recallmg the currency and the ex-
changes of the country to the point from which
they have fallen. It will co-operate cordially
and zealously with the government, with the
government banks, with lUl the other banks, and
with any other influences which can aid in that
object"
This was a bold face for an eviscerated insti-
tution to assume — one which was then nothing
but the empty skin of an immolated victim —
the contriver of the suspension to cover its own
rottenness, and the architect of distress and
ruin that out of the public calamity it might get
again into existence and replenish its cofiers out
of the revenues and credit of the federal govern-
ment. ^ Would have continued specie payments,
if it had only consulted its own strength " —
«only suspended from a sense of duty and
patriotism " — " will take the lead in resuming "
— " assumes the position of restorer of the cur-
reocy " — " presents itself as the rallying point
of the country in the resumption of specie pay-
ments " — ^^ even promises to co-operate with the
government : " such were the impudent profes-
sions at the very moment that this restorer of
currency, and rallying point of resumption, was
plotting a continuance of the distress and sus-
pension until it could get hold of the federal
moneys to recover upon ; and without which it
never could recover.
Indissolubly connected with this bank suspen-
sion, and throwing abroad light upon its history,
(if further light were wanted,) was Mr. Web-
ster's tour to the West, and the speeches which
he made in the course of it. The tour extended
to the Valley of the Mississippi, and the speeches
took for their burden the distress and the sus-
pension, excusing and justifying the banks,
throwing all blame upon the government, and
looking to the Bank of the United States for
the sole remedy. It was at Wheeling that he
opened the series of speeches which he delivered
in his tour, it being at that place that he was over-
taken by the news of the suspension, and which
furnished him with the text for his discourse.
" Recent evils have not at all surprised me, ex-
cept that they have come sooner and faster than
I had anticipated. But, though not surprised,
I am afflicted ; I feel any thing but pleasure in
this early fulfilment of my own predictions.
Much injury is done which the wisest future
counsels can never repair, and much more that
can never be remedied but by sudi counsels and
by the lapse of time. From 1832 to the present
moment I have foreseen this result. I may
safely say I have foreseen it, because I have
presented and proclaimed its approach in
every important discussion and debate, in the
public body of which I am a member. We
learn to-day that most of the eastern banks
have stopped payment ; deposit banks as
well as others. The experiment has exploded.
That bubble, which so many of us have all
along regarded as the ofispring of conceit, pre-
sumption and political quackery, has burst A
general suspension of payment must be the re-
sult ; a result which has come, even sooner tlum
was predicted. Where is now that better cur-
rency that was promised? Where is that spe-
cie circulation ? Where are those rupees of gold
and silver, which were to fill the treasurv of the
government as well as the pockets of the peo-
ple ? Has the government a single hard dollar?
Has the treasury any thing in the world but
credit and deposits in banks that have already
suspended payment ? How are public creditors
now to be paid in specie ? How are the depo-
sits, which the law requires to be made with the
states on the 1st of July, now to be made."
This was the firat speech that Mr. Webster
delivered after the great one before the suspen-
sion in New York, and may be considered the
epilogue afler the performance as the former
was the prologue before it. It is a speech of
exultation, with bitter taunts to the government
In one respect his information was different from
mine. He said the suspension came sooner than
was expected : my information was that it came
later, a month later ; and that he himself was
the cause of the delay. My information was
that it was to take place in the first month of
Mr. Van Buien's administration, and that the
speech which was to precede it vras to be delivered
early in March, immediately after the ai^ouni-
ANNO 1887. MARTIN VAN BUREN, PRESIDENT.
23
ment of Congress : but it was not delivered tiU
the middle of that month, nor got ready for
pamphlet publication until the middle of April ;
whic^ delay occasioned a corresponding postr
ponement in all the subsequent proceedings.
The complete shutting up of the treasury— the
loas of its moneys — the substitution of broken
bank paper for hard money — the impossibility
of paying a dollar to a creditor : tbese were the
points of his complacent declamation : and hay-
ing made these points strong enough and clear
enough, he came to the remedy, and fell upon
the same one, in almost the same words, that
Mr. Biddle was using at the same time, four
hundred miles distant, in Philadelphia: and
that without the aid of the electric telegraph,
not then in use. The recourse to the Bank of
the United States was that remedy ! that bank
strong enough to hold out, (unhappily the news
of its suspending arrived while he was speak-
ing :) patriotic enough to do so ! but under no
obligation to do better than the deposit banks !
and justifiable in following their example. Hear
him:
" The United States Bank, now a mere state
institution, with no public deposits, no aid from
government, but, on the contrary, long an object
of bitter prsecution by it, was at our latest
advices still firm. But can we expect of that
Bank to make sacrifices to continue specie pay-
ment ? If it continue to do so, now the depo-
sit banks have stopped, the government will
draw from it its last dollar, if it can do so, in
order to keep up a pretence of making its own
payments in specie. I shall be glad if this in-
stitution find it prudent and proper to hold out;
but as it owes no more duty to the government
than any other bank, and, of course, much less
than the deposit bauKS, I cannot see any ground
for demanding from it efforts and sacrifices to
favor the government, which those holding the
public money, and owing duty to the govern-
ment, are unwilling or unable to make ; nor do
I see how the New England biuiks can stand
alone in the general crush."
The suspension was now complete ; and it was
evident, and as good as admitted by those who
had made it, that it was the effect of contrivance
on the part of politicians, and the so-called
Bank of the United States, for the purpose of
restoring themselves to power. The whole
process was now clear to the vision of those
who could see nothing while it was going on.
Even those of the democratic party whose votes
had helped to do the mischief could now see
that the attempt to deposit forty millions with
the States was destruction to the deposit banks ;
— ^that the repeal of the specie circular was to
fill the treasury with paper money, to be found
useless when wanted ; — that distress was pur-
posely created in order to throw the blame of it
upon the party in power ; — that the promptitude
with which the Bank of the United States had
been brought forward as a remedy for the distress,
showed that it had been held in reserve for that
purpose ; — and the delight with which the whig
party saluted the general calamity, showed that
they considered it their own passport to power.
All this became visible, after the mischief was
over, to those who could see nothing of it before
it was done.
CHAPTEK VI.
TBANSMIOBATION OF THE BANK OF THB X7NI-
TED STATES FBOM A FEDEBAL TO A STATE IN-
STITUTION.
This institution having again appeared on the
public theatre, politicaily and financially, and
with power to infiuenoe national legislation, and
to control moneyed corporations, and with art
and skill enough to deceive astute merdiants
and trained politicians, — (for it is not to be
supposed that such men would have committed
themselves in her &vor if they had known her
condition,) — it becomes necessary to trace her
history since the expiration of her charter, and
learn by what means she continued an exist-
ence, apparently without change, after having
imdergone the process which, in law and in
reason, is the death of a corporation. It is a
marvellous history, opening a new chapter in
the necrology of corporations, very curious to
study, and involving in its solution, besides the
biological mystery, the exposure of a legal
fraud and juggle, a legislative smuggle, and a
corrupt enactment. The charter of the corpo-
ration had expired upon its own limitation in
the year 1836 : it was entitled to two years to
wind up its affidrs, engaging in no new busi-
ness : but was seen to go on after the expira-
tion, as if still in full life, and without the
change of an attribute or feature. The expla-
nation is this :
On the 19th day of January, in the year
24
THIRTY TEABS' VIEW.
1836, a bill was reported in the House of Rep>
resentatives of the General Assembly of Penn-
sjlyania^ entitled, "iln act to repeal tke State
taxj and to continue the improvement of the
Stale by railroads and canals; and for other
purposes?^ It came from the standing com-
mittee on *^ Inland navigation and internal
improvement ;" and was, in &ct, a bill to re-
peal a tax and make roads and canals, but
which, under the vague and usually unimpor-
tant generality of " other purposes^^ contained
the entire draught df a charter for the Bank of
the United States — adopting it as a Pennsylvania
State bank. The introduction of the bill, with
this addendum, colossal tail to it, wa6 a surprise
upon the House. No petition had asked for such
a bank : no motion had been made in relation to
it : no inquiry had been sent to any committee :
no notice of any kind had heralded its approach:
no resolve authorized its report : the unimpor-
tant clause of "■ other purposes^^'* hung on at the
end of the title, could excite no suspicion of the
enormous measures which lurked under its un-
pretentious phraseology. Its advent was an
apparition: its entrance an intrusion. Some
members looked at each other in amazement
But it was soon evident that it was the minora
ity only that was piystified— that a majority
of the elected members in the House, and a
duster of exotics in the lobbies, perfectly un-
derstood the intrusive movement : — in brief, it
had been smuggled into the House, and a power
was present to protect it there. This was the
first intimation that had reached the General
Assembly, the people of Pennsylvania, or the
people of the United States, that the Bank of
the United States was transmigrating ! chang-
ing itself from a national to a local institution —
from a federal to a State charter— from ah im-
perial to a provincial institution — ^retaining all
the while its body and essence, its nature and
attributes, its name and local habitation. It
WIS a new species of metempsychosis, hereto-
fore confined to souls separated from bodies,
but now appearing in a body that never had a
soul : for that, according to Sir Edward Coke,
is the psychological condition of a corporation —
and, above all, of a moneyed corporation.
The mystified members demanded explana-
tions ; and it was a case in which explanations
could not be denied. Mr. Biddle, in a public
letter to an eminent citizen, on whose name he
had been accustomed to hang such prodnctions,
(Mr. John Qumcy Adams,) attributed the pro-
cedure, so &r as he had moved in it, to a
^^ formal application on the part of the legis-
lature to know from him on what terms the
expiring hank would receive a charter from
it ;^^ and gave up the names of two members
who had conveyed the application. The legis-
lature had no knowledge of the proceeding.
The two members whose names had been
vouched disavowed' the legislative application,
but admitted that, in compliance with sugges-
tions, they had written a letter to Mr. Biddle in
their own names, making the inquiry ; but with-
out the sanction of the legislature, or the knowl-
edge of the committees of which they were
members. They did not explain the reason
which induced them to take the initiative in so
important business; and the belief took root
that their good nature had yielded to an impor-
tunity from an invisible source, and that they
had consented to give a private and bungling
commencement to what must have a beginning,
and which could not find it in any open or par-
liamentary form. It was truly a case in which
the first step cost the difficulty. How to begin
was the puzzle, and so to begin as to conceal
the beginning, was the desideratum. The finger
of the bank must not be seen in it, yet, without
the touch of that finger, the movement could
not begin. Without something from the Bank
— without some request or application from it,
it would have been gratuitous and impertinent,
and might have been insulting and ofiensive, to
have offered it a State charter. To apply
openly for a charter was to incur a publicity
which would be the defeat of the whole move-
ment The answer of Mr. Biddle to the two
members, dexterously treating their private let-
ter, obtuned by solicitation, as a formal legis-
lative application, surmounted the difficulty!
and got the Bank before the legislature, where
there were firiends enough secretly prepared for
the purpose to pass it through. The terms had
been arranged with Mr. Biddle beforehand, so
that there was nothing to be done but to vote.
The principal item in these terms was the stip-
ulation to pay the State the sum of $1,300,000,
to be expended in works of internal improve-
ments; and it was upon this slender connection
with the subject that the whole charter referred
itself to the committee of ^* Inland navigation
ANNO ISSt. MABTIN YAK BUBEK, PRESIDENT.
25
and internal improvement;^^ — ^to take its place
w a proTiso to a bill entitled, " 7b repeal the
State tax, and to amtinue the improvements
rfthe State by railtoads and canals ;^^ — and
to be no further indicated in the title to that
act than what could be found under the adden-
dum of that yague and flexible generality,
" other purposes /' usuallj added to point atten-
tion to sometlni^ not worth a specification.
Haying mastered the first step — ^the one of
greatest difficulty, if there is truth in the proy-
erb) — ^the remainder of the proceeding was easy
and rapid, the billj with its proyiso, being re-
ported, read a first, second, and third time,
passed the House— «ent to the Senate ; read a
first, second, and third time there, and passed —
sent to the Goyemor and approyed, and made
a law of the land : and all in as little time as it
usually requires to make an act for changing
the name of a man or a county. To add to its
titles to infamy, the repeal of the State tax
which it assumed to make, took the ur of a
bamboozle, the tax being a temporary imposi-
tion, and to expire within a few days upon its
own limitation. The distribution of the bonus
took the aspect of a bribe to the people, being
piddled out in driblets to the inhabitants of the
counties: and, to stain the bill with the last
suspicion, a strong lobby force fit>m Philadel-
phia hung oyer its progress, and cheered it along
with the affection and solicitude of parents for
their offspring. Eyery drcumstanoe of its
enactment announced corruption — ^bribery in
the members who passed the act, and an at-
tempt to bribe the people by distributing the
bonus among them : and the outburst of indig-
nation throughout the State was yehement and
uniyersaL People met in masses to condemn
the act, demand its repeal, to denounce the
members who yoted for it, and to call for inyes-
tigation into the manner in which it passed.
Of course, the legislature which passed it was
In no haste to respond to these demands ; but
their successors were different An election
interyened; great changes of members took
place ; two-thirds of the new legislature de-
manded inyestigation, and resolyed to haye it.
A committee was appointed, with the usual
ample powers, and sat the usual length of time,
and worked with the usual inde&tigability, and
made the usual yoluminous report; and with
the usual " lame and impotent conclusion.'' A
mass of pregnant circumstances were collected,
coyering the whole case with black suspicion :
but direct bribery was proyed upon no one.
Probably, the case of the Yazoo fraud is to be
the last, as it was the first, in which a succeed-
ing general assembly has fully and unqualifiedly
condemned its predecessor for corruption.
The charter thus obtained was accepted:
and, without the change of form or substance
in any particular, the old bank moyed on as if
nothing had happened — as if the Congress char-
ter was still in force — as if a corporate institu-
tion and all its affairs could be shifted by stat-
ute from one foundation to another; — as if a
transmigration of corporate existence could be
operated by l^islatiye enactment, and the debt-
ors, creditors, depositors, and stockholders in
one bank changed, transformed, and constituted
into debtors, creditors, depositors and stock-
holders in another. The illegality of the whole
proceeding was as flagrant as it was corrupt —
as scandalous as it was notorious — and could
only find its motiye in the consciousness of a
condition in which detection adds infiuny to
ruin ; and in which no infamy, to be incurred,
can exceed that from which escape is sought.
And yet it was this broken and rotten institu-
tion— ^this criminal committing crimes to escape
(torn the detection of crimes — ^this ^counter-
feit presentment" of a defunct corporation — ^this
addendum to a Pennsylyania railroad — this
whited sepulchre filled with dead men's bones,
thus bribed and smuggled through a local legis-
lature— that was still able to set up for a pow^
and a benefiustor ! still able to influence federal
legislation— control other banks— deceive mer-
chants and statesmen — excite a popular current
in its fayor — assume a guardianship oyer the
public affairs, and actually dominate for months
longer in the legislation and the business of the
country. It is for the part she acted — the
dominating part — in contriying the financial
distress and the general suspension of the
banks in 1837— the last one which has afOicted
our country, — ^that renders necessary and pro-
per this notice of her corrupt transit through
the General Assembly of the State of Pennsyl-
26
THmiT YEABS' VIEW.
CHAPTER VII.
EFFECTS OF THE BUBFENBION: GENERAL DE-
BANOEMKNT OF BUSINESS: SUPPRESSION AND
RIDICULE OF THE SPECIE CURRENCY: BUB-
MISSION OF THE PEOPLE: CALL OF CONGRESS.
A GREAT distnrbanoe of course took place in
the business of the country, from the stoppage
of the banks. Their agreement to receive each
others' notes made these notes the sole currency
of the oountry. It was a miserable substitute
for gold and silver, fidling far below these
metals when measured against them, and very
unequal to each other in different parts of the
country. Those of the interior, and of the
west, being unfit for payments in the great
commercial Atlantic cities, were &r below the
standard of the notes of those cities, and suf-
fered a heavy loss from difference of exchange,
as it was called (although it was only the differ-
ence of depreciation,} in all remittances to those
cities: — ^to which points the great payments
tended. All this difference was considered a
loss, and charged upon the mismanagement of
the public affairs by the administration, although
the clear effect of geographical position. Specie
disappeared as a currency, being systematically
suppressed. It became an article of merchan-
dise, bought and sold like any other marketable
commodity ; and especially bought in quantities
for exportation. Even metallic change disap-
peared, down to the lowest subdivision of the
dollar. Its place was supplied by every con-
ceivable variety of individual and corporation
tickets — tissued by some from a feeling of neces-
sity ; by others, as a means of small gains ; by
many, politically, as a means of exciting odium
against the administration for having destroyed
the currency. Fictitious and burlesque notes
were issued with caricatures and grotesque pic-
tures and devices, and reproachful sentences,
entitled ihe *^ better currenq/:" and exhibited
every where to excite contempt They were
sent in derision to all the friends of the specie
drcular, especially to him who had the credit
(not untruly) of having been its prime mover —
most of them plentifully sprinkled over with
taunting expressions to give them a personal
application : such as — " This is what you have
brought the country to :" ^ the end of the ex-
periment : " " the gold humbug exploded :" *' is
this what was promised us ? " "behold the ef-
fects of tampering with the currency." The
presidential mansion was infested, and almost
polluted with these missives, usuidly made the
cover of some vulgar taunt. Even gold and
silver could not escape the attempted degrmda-
tion— copper, brass, tin, iron pieces bemg stmck
in imitation of gold and silver coins — ^made ridi-
culous by figures and devices, usually the whole
hog, and inscribed with taunting and reproach-
ful expressions. Immense sums were expended
in these derisory manufafctures, extensively
carried on, and universally distributed ; and re-
duced to a system as a branch of party warfare^
and intended to act on the thonghtlesB and
ignorant through appeals to their eyes and
passions. Nor were such means alone resorted
to to infiame the multitude against the adminis-
tration. The opposition press teemed with in-
flammatory publications. The President and his
friends were held up as great state criminals,
ruthlessly destroying the property of the peo-
ple, and meriting punishment— even death*
Nor did these publications appear in thought-
less or obscure papers only, but in some of the
most weighty and influential of the bank party.
Take, for example, this paragraph from a lead-
ing paper in the city of New York :
" We would put it directly to each and all of
our readers, whether it becomes this great peo-
ple, quietly and tamely to submit to any and
every degree of lawless oppression which their
rulers may inflict, merely because resistance
may involve us in trouble and expose those who
resist, to censure ? We are very certain their
reply will be, ' Ab, but at what point is ^' resistr
ance to commence ?" — is not the evil of resistr-
ance greater ^^ than the evil of submission ?" '
We answer promptly, that resistance on the
part of a free people, if they would preserve
their freedom, should always conmience when-
ever it is made plain and palpable that there
has been a deliberate violation of their rights ;
and whatever temporary evils may result from
such resistance, it can never be so great or so
dangerous to our institutions, as a blind sub-
mission to a most manifest act of oppression
and tyranny. And now, we would ask of all —
what shadow of right, what plea of expe-
diency, what constitutional or legal justification
can Martin Van Buren offer to the people of
the United States, for having brought upon them
all their present difficulties by a continuance of
the specie circular^ after two-thirds of their
representatives had declared their solemn con-
victions that it was injurious to the country
ANNO 1887. MARTIN VAN BUBEN, PBESIDENT.
27
And should be repealed 1 Most assuredly, none,
and we unhesitatingly say, that it is a more
high-handed measure of tyranny than that
which cost Charles the 1st his crown and his
head — ^more ille^l and unconstitutional than
the act of the British ministry which caused the
patriots of the reyolution to destroy the tea in
the hu*bor of Boston — ^and one which calls more
loudly for resistance than any act of Great
Britain which led to the Declaration of Inde-
pendence,"
Taken by surprise in the deprivation of its
revenues, — specie denied it by the banks which
held its gold and silver, — ^the federal government
could only do as others did, and pay out de-
preciated paper. Had the event been foreseen
by the government, it might have been provided
against, and much specie saved. It was now too
late to enter into a contest with the banks, they
in possession of the money, and the suspension
organized and established They would only ren-
der their own notes : the government could only
pay in that which it received. Depreciated paper
was their only medium of payment ; and every
such payment (only received from a feeling of
duresse) brought resentment, reproach, indigna-
tion, loss of popularity to the administration ;
and loud calls for the re-establishment of the
National Bank, whose notes had always been
equal to specie, and were then contrived to be
kept far above the level of those of other sus-
pended banks. Thus the administration found
itself^ in the second month of its existence,
struggling with that most critical of all govern-
ment embarrassments — deranged finances, and
depreciated currency ; and its funds dropping
off every day. Defections were incessant, and
by masses, and sometimes by whole States : and
all on account of these vile payments in de-
preciated paper. Take a single example. The
State of Tennessee had sent numerous volunteers
to the Florida Indian vnir. There were several
thousands of them, and came from thirty differ-
ent coimties, requiring payments to be made
through a large part of the State, and to some
member of almost every family in it. The pay-
master, CoL Adam Duncan Steuart, had treas-
ury drafts on the Nashville deposit banks for
the money to make the payments. They de-
livered their own notes, and these far below par
— even twenty per cent below those of the so-
called Bank of the United States, which the
policy of the suspension required to be kept in
strong contrast with those of the government de-
posit banks. The loss on each payment was
gi«at — one dollar in every five. Even patriotism
could not stand it. The deposit banks and their
notes were execrated : the Bank of the United
States and its notes were called for. It was the
children of Israel wailing for ,the fieshpots of
Egypt Discontent, from individual became
general, extending from persons to masses. The
State took the infection. From being one of
the firmest and foremost of the democratic
States, Tennessee fell off iVom her party, and
went into opposition. At the next election she
showed a majority of 20,000 against her old
friends; and that in the lifetime of General
Jackson ; and contrary to what it would have
been if his foresight had been seconded. He
foresaw the consequences of paying out this
depreciated paper. The paymaster had fore-
seen them, and before drawing a dollar from the
banks he went to General Jackson for his advice.
This energetic man, then aged, and dying, and
retired to his beloved hermitage, — but all head
and nerve to the last, and scorning to see the
government capitulate to insurgent banks, —
acted up to his character. He advised the pay-
master to proceed to Washington and ask for
solid money — for the gold and silver which was
then lying in the western land offices. He went ;
but being a military subordinate, he only ap-
plied according to the rules of subordina-
tion, through the channels of official inter-
course : and was denied the hard money, wanted
for payments on debenture bonds and officers
of the government He did not go to Mr. Van
Buren, as General Jackson intended he should
do. He did not feel himself authorized to go
beyond official routine. It was in the recess of
Congress, and I was not in Washington to go to
the President in his place (as I should instantiy
have done) ; and, returning without the desired
orders, the payments were made, through a storm
of imprecations, in this loathsome trash : and
Tennessee was lost And so it was, in more or
less degree, throughout the Uniofn. The first
object of the suspension had been accomplished
— 9, political revolt against the administration.
Miserable as was the currency which the
government was obliged to use, it was yet in
the still more miserable condition of not having
enough of it ! The deposits with the States had
absorbed two sums of near ten millions each :
28
THIBTT TEABS' VIEW.
two more Buxxua of equal amount were demand-
able in the course of the jear. Financial em-
barrassment, and general stagnation of busineas,
diminished the current receipts from lands and
customs : an absolute deficit — that horror, and
shame, and mortal test of gOTemments — ^showed
itself ahead. An eztraordinaryr session of Con-
gress became a necessity, inexorable to any con-
triyance of the administration : and, on the 15th
day of May—just fire days after the suspension
in the principal cities — the proclamation was
issued for its assembling: to take place on the
first Monday of the ensuing September. It was
a mortifyiUg concession to imperatire circum-
stances ; and the more so as it had just been re-
fused to the grand committee of Fifty — demand-
ing it in the imposing name of that great meet-
ing in the dty of New York.
CHAPTER VIII.
XZTBA SESSION: MESSAGE, AND BEOOMMSNBA-
TI0N8.
The first session of the twenty-fiflh Congress,
convened upon the proclamation of the Presi-
dent, to meet an extraordinary occasion, met on
the first Monday in September, and consisted
of the following members :
SENATE.
New Hampshire ~ Henry Hubbard and
Franklin Pierce.
Maine — John Ruggles and Ruel Williams.
Vermont — Samuel Prentiss and Benjamin
Swift.
Massachusetts — Daniel Webster and John
Davis.
Rhode Island — ^Nehemiah R. Knight and
Asher Robbins.
Connecticut — John M. Niles and Perry
Smith.
New ToRK--Sila8 Wright and Nathaniel P.
Tallmadge.
New Jersey — Garret D. Wall and Samuel
L. Southard.
Delaware — ^Richard H. Bayard and Thomas
Clayton.
Pennstlyania— James Buchanan and Sam-
uel McKean.
Maryland — Joseph Kent and John S.
Spence.
YiRoiNiA— William C. Rives and William
H. Roane.
North Carolina — Bedford Brown and Rob-
ert Strange.
South Carolina — John C. Calhoun and
Wm. Campbell Preston.
Georgia — John P. King and Alfk^ Cuth-
bert.
Alabama— Wm. Rufus King and Clement C.
Clay.
Mississippi — John Black and Robert J.
Walker.
Louisiana — ^Robert C. Nicholas and Alexan-
der Mouton.
Tennessee — Hugh L. White and Felix
Grundy.
Kentucky — ^Henry Clay and John Critten-
den.
Arkansas— Ambrose H. Sevier and William
S. Fulton.
Missouri — Thomas H. Benton and Lewis F.
Illinois — Richard M. Young and John M.
Robinson.
Indiana — Oliver H. Smith and John Tipton.
Ohio — ^William Allen and Thomas Moms.
Michigan — Lucius Lyon and John Norvell.
HOUSE OF BEPSESENTATIYES.
Maine — George Evans, John Fairfield, Tim-
othy J. Carter, F. 0. J. Smith, Thomas Davee,
Jonathan Cilley, Joseph C. Noyes, Hugh J.
Anderson.
New Hampshire — Samuel Cushman, James
FarringtoiLCharles G. Atherton, Joseph Weeks,
Jared W. Williams.
Massachusetts — Richard Fletcher, Stephen
C. Phillip^ Caleb Cushing, Wm. Parmenter,
Levi Lincoln, George Grinnell, jr., George N.
Briggs, Wm. B. Calhoun, Nathaniel B. Borden,
John Q. Adams, John Reed, Abbott Lawrence,
Wm. S. Hastings.
Rhode IsLAND^Robert B. Cranston, Joseph
L. Tillinghast
Connecticut — ^Isaac Toucey, Samuel Ing-
ham, Elisha Haley, Thomas T. Whittlesey,
Launcelot Phelps, Orrin Holt.
Vermont— Hiiand Hall, William Slade, He-
man Allen, Isaac Fletchers Horace Everett.
New York — ^Thomas B. Jackson. Abraham
Vanderveer, C. C. Cambreleng, Ely Moore,
Edward Curtis, Ogden Hofiinan, Gouvemeur
Kemble, Obadiah Titus, Nathaniel Jones, John
C. Broadhead, Zadoc Pratt, Robert McClel-
lancL Henry Vail, Albert Gallup, John I.
DeGrafi^ David Russell, John Palmer, James
B. Spencer, John Edwards, Arphaxad Loomis,
Heniy A. Foster, Abraham P. Grant, Isaac H.
Bronson, John U. Prentiss, Amasa J. Parker,
John C. Clark, Andrew D. W. Bruyn, Hiram
Gray, William Taylor. Bennett BicknelL WU-
liam H. Noble, Samuel Birdsall, Mark H. Sib-
ley, John T. Andrews, Timothy Childs, Wil-
liam Patterson, Luther C. Peck, Richard P.
Marvin, Millard Filhnore. Charles F. Mitchell
New Jersey — John B. Aycrigg, John P. B.
Ajsisu 1897. juaktun \ ajS BUREN, PRESIDE19T.
29
Mftzwell, William Halstead, Jos. F. Randolph,
Charles G. StrattoiL Thomas Jones Yorke.
Pennsylvania — ^Lemuel Paynter, John Ser-
geant, George W. Toland, Charles Na;^lor, Ed-
ward Davies, David Potts, Edward Darlington,
Jacob Fry, jr., Matthias Morris, David D. Wag-
ener, Edwturd B. Hubley, Henir A. Muhlen-
berg, Lnther Reilly, Henry Logan, Daniel
Sheffer, Chas. McClnre, Wm. W. Potter, David
Petriken, Robert H. Hammond, Samuel W.
Morris, Charles Ogle, John Elingensmith, An-
drew Buchanan, T. M. T. McKennan, Richard
Biddle, William Beatty, Thomas Henry, Arnold
Plnmer.
Delawaki:— John J. Milligan.
Makyland — John Dennis, James A. Pearoe,
J. T. H. Worthington, Benjamin C. Howard,
Isaac McKim^ William Cost Johnson, Francis
Thomas, Daniel Jenifer.
Virginia — Henry A. Wise, Francis Mallory,
John Robertson, Charles F. Mercer, John Talia-
ferrOj R. T. M. Hunter, James Garland, Francis
E. Rives, Walter Coles, Geom C. Dromgoole,
James W. Bouldin, John M. Fatton, James M.
Mason, Isaac S. Pennybacker, Andi^w Beime,
Archibald Stuart, John W. Jones, Robert
Craig, Geo. W. Hopkins, Joseph Johnson, Wm.
6. Morgan.
North Carolina — Jesse A. BynunLEdward
D. Stanley, Charles Shepard, Micaiah T. Haw-
kins, James McKay, Edmund Deberry, Abra-
ham Rencher, William Montgomery, Augustine
H. Shepherd, James Graham, Henry Connor,
Lewis Williams, Samuel T. Sa^^er.
South Carolina — H. S. Legare, Waddy
Thompson, Francis W. Pickens. W. K. Clowney,
F. H. Elmore, John K. Griffin, R. B. Smith,
John Campbell John P. Richardson.
Georgia — ^Tnomas Glascock, S. F. Cleveland,
Seaton Grantland, Charles £. Haynes, Hopkins
Holsey, Jabez Jackson. Geo. W. Owens, Geo.
W. B, Townes, W. C. Dawson.
Tennessee — ^Wm. B. Carter, A. A. McClel-
land, Joseph Williams, (one vacancy,) H. L.
Tumey, Wm. B. Campbell^ John Bell, Abraham
P. Mauiy, James E. PoU^Ebenezer J. Shields,
Richard Cheatham, John W. Crockett^ Christo-
pher H. Williams.
Kentucky — John L. Murray, Edward Rum-
aey, Sherrod Williams, Joseph K Underwood,
Jatnes HarlaiL John Calhoun, John Pope, Wm.
J. Graves, John White, Richard Hawes, Rich-
ard H. Menifee, John Chambers, Wm. W.
Sonthgate.
Ohio-— Alexander Duncan, Taylor Webster,
Patrick G. Goode, Thomas Corwin, Thomas L.
Hamer, Calvary Morris, Wm. K. Bond, J.
Bidgeway, John Chaney, Samson Mason^ J.
Alexander, ji\, Alexander Harper, D. P. Lead-
better, Wm. H. Hunter, John W. Allen, Elish|i
Whittleserv, A. W. Loomis, Matthias Shepler,
Daniel Kiigore.
Alabama — Francis S. Lyon, Dixon H. Lewis,
Joab lAwler, Reuben Chapnum, J. L. MartixL
Indiana — Ratliff Boon, John Ewing, William
Graham, Georee H. Dunn, James Rariden, Wil-
liam Herrod, Albert S. White.
Illinois — A. W. Snyder, Zadoc Casey, Wm.
L. May.
Louisiana — ^Henry Johnson, Eleazer W. Rip-
ley, Rice Garland.
Mississippi — John F. H. Claiborne, S. H.
Gholson.
Arkansas — ^Archibald Yell.
Missouri — Albert G. Harrison, John Miller.
Michigan — Isaac E. Crary.
Florida — Charles Downing.
Wisconsin — George W. Jones.
In these ample lists, both of the Senate and
of the House, will be discovered a succession of
eminent names — ^many which had then achieved
eminence, others to achieve it: — ^and, besides
those which captivate r^ard by splendid abil-
ity, a still larger number of those less brilliant^
equally respectable, and often more useful
members, whose business talent performs the
work of the body, and who in England are well
called, the woriung members. Of these numei^
oos members, as well the brilliant as the useful,
it would be invidious to particularize part with-
out enumerating the whole; and that would
require a reproduction of the greater part of the
list of each House. Four only can be named,
and they entitled to that distinction from the
station attained, or to be attained by them:
— ^Mr. John Quincy Adams, who had been pres-
ident; Messrs. James K. Polk, Millard FiU-
more and Franklin Pierce, who became presi-
dents. In my long service I have not seen a
more able Congress ; and it is only necessary to
read over the names^ and to possess some
knowledge of our public men, to be struck with
the number of names which would come under
the description of useful or brilliant members.
The election of speaker was the first business
of the House ; and Mr. James K. Polk and Mr.
John Bell, both of Tennessee, being put in
nomination, Mr. Polk received 116 votes ; and
was elected— Mr. Bell receiving 103. Mr. Wal-
ter S. Franklin was elected derk.
The message was delivered upon receiving
notice of the organization of the two Houses ;
and, with temperance and firmness, jt met all
the exigencies of the occasion. That specie order
which had been the subject of so much denun-
ciation,— ^the imputed cause of the suspension,
and the revocation of which was demanded with
so much pertinacity and such imposing demon-
30
THIRTY YEARS' VIEW.
Btration, — ^far from being given up was com-
mended for the good effects it had produced;
and the determination expressed not to inter-
fere with its operation. In relation to that
decried measure the message said :
^ Of mj own duties under the existing laws,
when the banks suspended specie payments, I
could not doubt. Directions were immediately
given to prevent the reception into the Treasury
of any thing but gold and silver, or its equivalent;
and every practicable arrangement was made to
preserve the public fiiith, by similar or equivalent
payments to the public creditors. The revenue
mm lands had been for some time substantially
so collected, under the order issued by the direc-
tions of my predecessor. The effects of that
order had been so salutary, and its forecast in
regard to the increasing insecurity of bank paper
had become so apparent, that, even before the
catastrophe, I had resolved not to interfere with
its operation. Congress is now to decide whether
the revenue shall continue to be so collected, or
not"
This was explicit^ and showed that all at-
tempts to operate upon the President at that
point, and to coerce the revocation of a meas-
ure which he deemed salutary, had totally fiiiled.
The next great object of the party which had
contrived the suspension and organized the dis-
tress, was to extort the re-establishment of the
Bank of the United States ; and here again was
an equal &ilure to operate upon the firmness of
the President. He reiterated his former objec-
tions to such an institution — ^pot merely to the
particular one which had been tried — ^but to any
one in any form, and declared his former con-
victions to be strengthened by recent events.
Thus:
^ We have seen for nearly half a century, that
those who advocate a national bank, by what-
ever motive they may be influenced, constitute
a portion of our community too numerous to
allow us to hope for an early abandonment of
their favorite plan. On the other hand, they
must indeed form an erroneous estimate of the
intelligence and temper of the American people,
who suppose that they have continued, on slight
or insufficient grounds, their persevering opposi-
tion to such an institution ; or that they can be
induced by pecumary pressure, or by any other
combination of circumstances, to surrender prin-
ciples they have so long and so inflexibly maintain-
ed. My own views of the subject are unchanged.
They have been repeatedly and unreservedly an-
nounced to my fellow-citizens, who, with full
knowledge of them, conferred upon me the two
*' * -* offices of the government On tiie last
of these occasions. I felt it due to the people to
apprise them distinctly, that, in the event of my
election, I would not be able to co-operate in
the re-establishment of a national bank. To
these sentiments, I have now only to add the
expression of an increased conviction, that the
re-establishment of such a bank, in any form,
whilst it would not accomplish the beneficial
purpose promised by its advocates, would
impair the rightful supremacy of the popular
will ; injure the character and diminish the in-
fluence of our political system ; and bring once
more into existence a concentrated moneyed
power, hostile to the spirit^ and threatening the
permanency, of our repubhcan institutions."
Having noticed these two great points of pres-
sure upon him, and thrown them off with equal
strength and decorum, he went forward to a
new point — the connection of the federal govern-
ment with any bank of issue in any form, either
ae a depository of its moneys, or in the use of
its notes ; — and recommended a total and per-
petual dissolution of the connection. This was
a new point of policy, long meditated by some^
but now first brought forward for legislative
action, and cogentiy recommended to Congress
for its adaption. The message, referring to the
recent failure of the banks, took advantage of it
to say:
^' Unforeseen in the organization of the govern-
ment, and forced on the Treasury by early ne-
cessities, the practice of employing banks, wa&
in truth, from the beginning, more a measure of
emergency than of sound policy. When we
started into existence as a nation, in addition to
the burdens of the new government, we assumed
all the large, but honorable load, of debt which
was the price of our liberty ; but we hesitated
to weigh down the infant industry of the coun-
try by resortiAg to adequate taxation for the
necessarv revenue. The facilities of banks, in
return for the privileges they acquired^ were
promptly offered, and perhaps too readily re-
ceived, oy an embarrassed treasury. During
the long continuance of a national debt, and the
intervening difficulties of a foreign war, the con-
nection was continued from motives of conveni-
ence ; but these causes have long since passed
away. We have no emergencies t^t make banks
necessary to aid the wants of the Treasury ; we
have no load of national debt to provide for, and
we have on actual deposit a large surplus. No
public interest, therefore, now requires the
renewal of a connection that circumstances have
dissolved. The complete organization of our
government, the abundance of our resources, the
seneral harmony which prevails between the
different States, and with foreign powers, all en-
able us now to select the system most consistent
ANNO 1837. MARTIN VAN BUREN, PRESIDENT.
31
with the constitation, md most condudTe to the
pubUc welBfcre."
This wise reoommendation laid the foondar
tion for the Independent Treasniy — a measure
opposed with unwonted violence at the time,
but vindicated as well by experience as recom-
mended by wisdom ; and now universally concur-
red in — constituting an era in our financial his-
toxy, and reflecting distinctive credit on Mr. Van
Buren's administration. But he did not stop at
proposing a dissolution of governmental con-
nection with these institutions; he went further,
and proposed to make them safer for the com-
munity, and more amenable to the laws of the
land. These institutions exercised the privil^e
of stopping payment, qualified by the gentle
name of suspension, when they judged a condi-
tion of the country existed making it expedient
to do so. Three of these general suspensions
had taken place in the last quarter of a century,
presenting an evil entirely ioo large for the
remedy of individual suits against the delinquent
banks; and requiring the strong arm of a gen-
eral and authoritative proceeding. This could
only be found in subjecting them to the process
of bankruptcy ; and this the message boldly re-
commended. It was the first recommendation
of the kind, and deserves to be commemorated
for its novelty and boldness, and its undoubted
efficiency, if adopted. This is the recommenda-
tion:
" In the mean time, it is our duty to provide
all the remedies against a depreciated paper
currency which the constitution enables us to
afford. The Treasury Department, on several
former occasions, has suggested the propriety
and importance of a uniform law concerning
bankruptcies of corporations, and other bankers.
Through the instrumentality of such a law, a
saluta^ check may doubtless be imposed on
the issues of paper money, and an effectual
remedy given to the citizen, in a way at once
equal in ail parts of the Union, and fufiy anthe-
med by the constitution."
A bankrupt law for banks! That was the
remedy. Besides its efficacy in preventing fu-
ture suspensions, it would be a remedy for the
actual one. The day fixed for the act to take
effect would be the day for resuming payments,
or going into liquidation. It would be the day
of honesty or death to these corporations; and
between these two altematiYea even the most
refiractory bank would choose the former, if
able to do so.
The banks of the District of Columbia^ and
their currency, being imder the jurisdiction of
Congress, admitted a direct remedy in its own
legislation, both fbr the fact of their suspension
and the evil of the small notes which they
issued. The forfeiture of the charter, where the
resumption did not take place in a limited time,
and penalties on the issue of the small notes,
were the appropriate remedies ; — and, as such,
were recommended to Congress.
There the President not only met and con-
fronted the evils of the actual suspension as
they stood, but went further, and provided
against the recurrence of such evils thereafter,
in four cardinal recommendations : 1, never to
have another national bank ; 2; never to receive
bank notes again in payment of federal dues ;
3, never to use the banks again for depositories
of the public moneys ; 4, to apply the process
of bankruptcy to all future defaulting banks.
These were strong recommendations, all founded
in a sense of justice to the public, and called for
by the supremacy of the government^ if it
meant to maintain its supremacy ; but recom-
mendations running deep into the pride and in-
terests of a powerfol class, and well calculated
to inflame still higher the formidable combina-
tion already arrayed against the President, and
to extend it to all that should support him.
The immediate cause for convoking the extra-
ordinary session — the approaching deficit in the
revenue — was frankly stated, and the remedy
as frankly proposed. Six millions of doUars
was the estimated amount; and to provide it
neither loans nor taxes were proposed, but the
retention of the fourth instalment of the deposit
to be made with the States, and a temporary
issue of treasury notes to supply the deficiency
until the incoming revenue should replenish the
treasury. The following was that recommendar
tion:
"It is not proposed to procure the reouired
amoimt by loans or increased taxation. There
are now in the treasury nine millions three
hundred and sixty-seven thousand two hundred
and fourteen dollars, directed by the Act of the
23d of June, 1836, to be deposited with the
States in October next. This sum, if so depos-
ited, will be subject, under the law, to be re-
called, if needed, to defray existing appropria-
tions ; and, as it is now evident that the wholes
32
THIRTT YEABS' VIKW.
or the principal part of it, will be wanted for
that porpoBe, it appears m9st proper that the
deposits sboold be withheld. Until the amount
can be collected from the banks, treasury notes
may be temporarily issued, to be gradually re-
deemed as it is received."
Six millions of treasury notes only were re-
quired, and from this small amount required, it
is easy to see how readily an adequate amount
could haye been secured from the deposit
banks, if the administration had foreseen a
month or two beforehand that the suspension
was to take place. An issue of treasury notes,
being an imitation of the exchequer biU issues
of the British goyemment, which had been the
facile and noiseless way of swamping that goy-
emment in bottomless debt, was repugnant to
the policy of this writer, and opposed by him :
but of this hereafter. The third instalment of
the depo9it, as it was called, had been receiyed
by the States — ^receiyed in depreciated paper,
and the fourth demanded in the same. A de-
posit demanded ! and claimed as a debt ! — that
is to say : the word ^deposU^^ used in the act
admitted to be both by Congress and the States
a fraud and a trick, and distribution the
thing intended and done. Seldom has it hap-
pened that so gross a fraud, and one, too, in-
tended to cheat the constitution, has been so
promptly acknowledged by the high parties
perpetrating it But of this also hereafter.
The decorum and reserye of a State paper
would not allow the President to expatiate
upon the enormity of the suspension which had
been contriyed, nor to discriminate between the
honest and solyent banks which had been taken
by surprise and swept off in a current which
they could not resist, and the insolyent or crim-
inal class, which contriyed the catastrophe and
exulted in its success. He could only hint at
the discrimination, and, while reoonunending
the bankrupt process for one class, to express
his belief that with all the honest and solyent
institutions the suspension would be temporary,
and that they would seize the eariiest moment
which the conduct of others would permit, to
yindicate their integrity and ability by return-
ing to specie payments.
CHAPTER IX.
ATTAOEB ON THE MESSAGE: TBEA8UEY NOTES.
Undex the first two of our Presidents,
Washington, and the first Mr. Adams, the
course of the British Parliament was followed
in answering the address of the President, as the
course of the soyereign was followed in deliyer-
ing it The Soyereign deliyered his address in
person to the two assembled Houses, and each
answered it : our two first Presidents did the
same, and the Houses answered. The purport
of the answer was always to express a concur-
rence, or non-concurrence with the general
policy of the goyemment as thus authentically
exposed; and the priyilege of answering the
address laid open the policy of the goyemment
to the ftillest discussion. The efiect of the
practice was to lay open the state of the
country, and the public policy, to the fullest dis-
cussion ; and, in the character of the answer,
to decide the question of accord or disaccord —
of support or opposition — between the repre-
sentatiye and the executiye branches of the
goyemment The change fix>m the address
deliyered in person, with its answer, to the
message sent by the priyate secretary, and no
answer, was introduced by Mr. Jefferson, and
considered a reform ', but it was questioned at
the time, whether any good would come of it,
and whether that would not be done irregularly,
in the course of the debates, which otherwise
would haye been done regularly in the discussion
of the address. The administration policy would
be sure to be attacked, and irregularly, in the
course of business, if the spirit of opposition
should not be allowed full indulgence in a
general and regular discussion. The attacks
would come, and many of Mr. Jefferson's
friends thought it better they should come at
once, and occupy the first week or two of the ses-
si(»i, than to be scattered through the whole ses-
sion and mixed up with all its business. But the
change was made, and has stood, and now any
bill or motion is laid hold o^ to hang a speech
upon, against the measures or policy of an
administration. This was signally the case at
this extra session, in relation to Mr. Van
Buren's poli^. He had staked himself too
Asnro im. mabten vak bubsn, president.
S3
decbivel J against too large a cQmbination of
interests to expect moderation or justice from
his opponents; and he reoeiTcd none. Seldom
has any President been yisited with more
nQlent and general assaults than he reoeiTed,
almost eveiy opposition speaker assailing some
part of the message. One of the number, Mr.
Caleb Gushing, of Massachusetts, made it a
business to reply to the whole document, for-
mally and elaborately, under two and thirty
distinct heads — the number of points in the
mariner's compass : each head bearing a caption
to indicate its point : and in that speech any
one that chooses, can find in a condensed form,
and convenient for reading, all the points of ac-
cnsation agunst the democratic policy from the
beginning of the goyemment down to that day.
Mr. Clay and Mr. Webster assailed it for
what it contained, and for what it did not — ^for
its specific recommendations, and for its omission
to recommend measures which they deemed
necessary. The specie payments — ^the discon-
nection with banks— the retention of the fourth
instalment— the bankrupt act against banks —
the brief issue of treasury notes ; all were con-
demned as measures improper in themselves
and inadequate to the relief of the country:
while, on the other hand, a national bank ap-
peared to them to be the proper and adequate
remedy for the public evils. With them acted
many able men :— in the Senate, Bayard, of Del-
aware, Crittenden, of Kentucky, John Davis,
of Massachusetts, Preston, of South Carolina,
Southard, of New Jersey, Rives, of Virginia:—
in the House of Representatives, Mr. John
Quincy Adams, Bell, of Tennessee, Richard
Biddle, of Pennsylvania, Gushing, of Massachu-
setts, Fillmore, of New York, Henry Johnson,
of Louisiana, Hunter and Mercer, of Virginia,
John Pope, of Kentucky, John Saigeant, Un-
derwood of Kentucky, Lewis Williams, Wise.
An these were speaking members, and in their
diversity of talent displayed all the varieties of
effective speaking— close reasoning, sharp invec-
tive, impassioned declamation, rhetoric, logic.
On the other hand was an equal array, both
in number and speaking talent, on the other
side, defending and supporting the recommendar
tions of the President :— in the Senate, Siks
Wright, Grundy, John M. Niles, King, of
Alabama, Strange, of North Carolina, Buchan-
an, Calhoun, Linn, of Missouri, Benton, Bed-
VOL. II.— 8
ford Brown, of North Carolina, William Allen,
of Ohio, John P. King, of Georgia, Walker, of
Mississippi : — in the House of Representatives,
Cambreleng, of New York, Hamer, of Ohio,
Howard and Francis Thomas, of Maryland,
McKay, of North Carolma, John M. Patton,
Francis Pickens.
The treasury note bill was one of the first
measures on which the struggle took place. It
was not a fiivorite with the whole body of the
democracy, but the nujority preferred a small
issue of that paper, intended to operate, not as
a currency, but as a ready means of borrowing
money, and especially from small capitalists;
and, therefore, preferable to a direct loan. It
was opposed as a paper money bill in disguise,
as germinating a new national debt, and as the
easy mode of raising money, so ready to run
into abuse from its very facility of use. The
President had recommended the issue in gen-
eral terms : the Secretaiy of the Treasury had
descended into detail, and proposed notes as
low as twenty dollars, and without inteivst
The Senate's committee rejected that proposi-
tion, and reported a bill only for large notes —
none less than 100 dollars, and bearing interest;
so as to be used for investment, not circulation.
Mr. Webster assailed the Secretary's plan, say*
inff—
*' He proposes, sir, to issue treasury notes of
small denominations, down even as low as
twenty dolhurs, not bearing interest, and re-
deemable at no fixed period ; they are to be re-
ceived in debts due to govenmient, but are not
otherwise to be paid until at some indefinite
time there shall be a certain surplus in tiie
treasury beyond what the Secretary may think
its wants require. Now, sir, this is plain, au-
thentic, statutable paper money ; it is ezactiy a
new emission of old continental. If the genius
of the old confederation were now to rise up in
the midst of us, he could not furnish us, firom
the abundant stores of his recollection, with a
more peiftct model of paper money. It carries
no interest; it has no fixed time of payment ;
it is to circulate as currency, and it is to circu-
late on the credit of government alone, with no
fixed period of redemption! If this be not
paper money, pray, sii^what is it? And, sir,
who expected this? Who expected that in the
fifth year of the experiment for reforming tks
currency, and bringing it to an absolute gold
and silver circulation, tiie Treasury Department
would be found recommending to us a regular
emismon of paper monev? This, sir, is quite
new in the histoiy of this eovemment^ it be-
longs to that of the confederation which has
34
THIRTY TEARS' VIEW.
passed away. Since 1789, although we haye
issued treasury notes on sundry occasions, we
have issued none like these ; that is to say, we
have issued none not bearing interest^ intended
for circulation, and with no fixed mode of re-
demption. I am glad, howerer, Mr. President,
that the committee have not adopted the Secre-
tary's recommendation, and that they haye re-
commended the issue or treasury notes of a de-
scription more conformable to the practice of
the goyemment."
Mr. Benton, though opposed to the policy of
issuing these notes, and preferring himself a
direct loan in this case, yet defended the partic-
ular bill which had been brought in from the
character and effects ascribed to it, and said :
^He should not haye risen in this debate,
had it not been for the misapprehensions which
seemed to peryade the minds of some senators
as to the character of the bill. It is called by
some a paper-money bill, and by others a bill
to germmate a new national debt These are
serious imputations, and require to be answered,
not by declamation and recrimination, but by
fibcts and reasons, addressed to the candor and
to the intelli^ce of an enlightened and patri-
otic community.
" I dissent from the imputations on the char-
acter of the bilL I maintain that it is neither
a paper-money bill, nor a bill to lay the founda-
tion for a new national debt; and will briefly
giye my reasons for belieying as I do on both
points.
" There are certainly two classes of treasury
notes — one for inyestment, and one for circular
tion ; and both classes are known to our laws,
and possess distinctiye features, which define
their respectiye characters, and confine them to
their respectiye uses.
^The notes for inyestment bear an interest
snfScient to induce capitalists to exchange gold
and silyer for theuL and to lay them by as a
productiye fund. This is their distinctiye fea-
ture, but not the only one ; they possess other
subsidiary qualities, such as transferability only
by indorsement — payable at a fixed time — not
re-issuable — nor of small denomination — and to
be cancelled when pud. Notes of this class are,
in fact, loan notes — ^notes to raise loans on, b^
selling them for hard money — either immedi-
ately by the Secretary of the TreEumry, or,
secondarily, by the creditor of the goyemment
to whom they haye been paid. In a word, they
possess all the qualities which inyite inyest-
ment and forbid and impede circulation.
" The treasury notes for currency are distin-
guished by features and qualities the reyerse of
those which haye been mentioned. They bear
little or no interest They are payable to bearer
— transferable by deliyeiy— re-issuable— of low
denominationi— Vnd frequently reimbursable at
"^^ pleasure of the goyemment They are, in
fact, P^per money, and possess all the qualities
which forbid inyestment, and inyite to circula-
tion. The treasury notes of 1815 were of that
character, except for the optional clause to ena-
ble the holder to fund them at the interest
which commanded loans — at seyen per cent
" These are the distinctiye features of the two
classes of notes. Now try the committee's bill
by the test of these qualities. It will be found
that the notes which it authorizes belong to the
first-named class ; that they are to bear an in-
terest, which may be six per cent. ; that they
are transferable only by indorsement; that
they are not re-issuable ; that they are to be
pud at a day certain — to wit within one year ;
that they are not to be issued of less denomina-
tion thui one hundred dollars ; are to be can-
celled when taken up ; and that the Secretary
of the Treasury is expressly authorized to raise
money upon them by loaning them.
^ These are the features and qualities of the
notes to be issued, and they define and fix their
character as notes to raise loans, and to be laid
by as inyestments, and not as notes for cur-
rency, to be pushed into circulation by the
power of the goyemment ; and to add to the
curse of the day by increasing the quantity of
unconyertible paper money."
Though yielding to an issue of these notes in
this particular form, limited in size of the notes
to bne hundred dollars, yet Mr. Benton deemed
it due to himself and the subject to enter a pro-
test agunst the policy of such issues, and to
expose their dangerous tendency, both to slide
into a paper currency, and to steal by a noise-
less march into the creation of public debt, and
thus expressed himself:
^' I trust I haye yindicated the bill from the
stigma of being a paper currency bill, and from
the imputation of being the first step towards
the creation of a new national debt I hope it
is fully cleared from the odium of both tiiese
imputations. I will now say a few words on
the policy of issuing treasury notes in time of
peace, or eyen in time of war, until the ordinary
resources of loans and taxes had been tried and
exhausted. I am no friend to the issue of
treasury notes of any kind. As loan& they are
a disguised mode of borrowing, and easy to
slide mto a currency : as a currency, it is the
most seductiye, the most dangerous, and the
most liable to abuse of all the descriptions of
paper money. 'The stamping of paper (by
goyemment) is an operation so much easier
than the laying of taxes, or of borrowing
money, that a goyemment in the habit of paper
emissions woi2d rarely fiiil, in any emergency,
to indulge itself too far in the employment of
that resource, to ayoid as much as possible one
less auspicious to present popularity.' So said
Gkneral Hamilton; and Jefferson, Madison
ANNO 1887. MABTTN VAN BUREN, PRESIDENT.
35
Macon, Randolph, and all the fiithen of the
republican church, concurred with him. These
saeaciouB statesmen were shy of this fiuale and
seductive resource, ^ so liable to abus^ and so
certain of being abused.' Thej held it madmis-
sible to recur to it in time of peace, and that it
could only be thought of amidst the exigencies
and perils of war, and that after exhausting the
dire<^ and responsible altematiye of loans and
taxes. Bred in the school of these great men.
I came here at this session to oppose, at all
risks, an issue of treasury notes. I preferred a
direct loan, and that for many and cogent rea-
sons. There is dear authority to borrow in the
constitution; but, to find authority to issue
these notes, we must enter the field of con-
structiye powers. To borrow, is to do a re-
sponsible act ; it is to incur certun aooounta-
bility to the constituent, and heayy censure if
it cannot be justified ; to issue these notes, is to
do an act which few consider of, which takes
but little hold of the public mind, which few
condemn and some encourage, because it in-
creases the quantum of what is vainly called
money. Loans are limited by the capacity, at
least, of one side to borrow, and of the other to
lend : the issue of these notes has no limit but
the will of the makers, and the supply of lamp-
black and rags. The continental bills of the
Reyolution, and the assignats of FrancCp should
furnish some instructiye lessons on this head.
Direct loans are always voluntary on the part
of the lender; treasury note loans may be a
fbroed borrowing firom the government creditor
— as much so as if the bayonet were put to his
breast ; for necessity has no law, and the neces-
sitous daimant must take what is tendered,
whether with or without interest — ^whether ten
or fifty per cent below par. I distrust, dislike,
and would fain eschew, this treasury note re-
^arce. I prefer the direct loans of 1820-'21.
1 could only bring myself to acquiesce in this
measure when it was urged that there was not
time to carry a loan through its forms; nor
even then could I consent to it, until every fea-
ture of a currency character had been eradicated
from the face of the hilL"
The bill passed the Senate by a general vote,
only Messrs. Clay, Crittenden, Preston, South-
ard, and Spence of Maryland, voting against it.
In the House of Representatives it encountered
a more strenuous resistance, and was subjected
to some trials which showed the dangerous pro-
divity of these notes to slide from the founda-
tion of investment into the slippery path of cur-
rency. Several motions were made to reduce
their size — ^to make them as low as ^25 ; and
that failing, to reduce them to $50 ; which suc-
ceeded. The interest was struck at in a motion
to reduce it to a nominal amount ; and this mo-
tion, like that for reducing the minimum size to
$25, received a large support — some ninety
votes. The motion to reduce to (50 was carried
by a migority of forty. Returning to the Senate
with this amendment, Mr. Benton moved to
restore the $100 limit, and intimated his inten-
tion, if it was not done, of withholding his sup-
port from the bill — declaring that nothing but
the immediate wants of the Treasury, and the
lack of 'time to raise the money by a direct loan
as declared by the Secretary of the Treasury,
could have brought him to vote for treasury
notes in any shape. Mr. Clay opposed the whole
scheme as a government bank in disguise, but
supported Mr. Benton's motion as being adverse
to that design. He said :
'^ He had been all along opposed to this mea-
sure^ and he saw nothing now to change that
opimon. Mr. C. would have been glad to aid
the wants of the Treasury, but thought it might
have been done better by suspending tiie action
of many appropriations not so indispensably
necessary, rather than by resorting to a loan.
Reductioxi, economy, retrendunent, had boeu re-
commended by the President, and why not then
pursued? mr. C.'s chief objection, however,
was, that these notes were mere post notes, only
differing from bank notes of that kind in giving
the Secretary a power of fixing the interest as
he pleases.
It is, said Mr. C, a government bank, issuing
government bank notes ; an exj[>eriment to set
up a ^vemment bank. It is, m pomt of &ct,
an incipient bank. Now, if government has the
power to issue bank notes, and so to form in-
directly and covertly a bank, how is it that it
has not the power to establish a national btuik'?
What difference is there between a great govern-
ment bank, with Mr. Woodbuiy as the great
cashier, ana a bank composed of a corporation
of private dtizens ? What difference is there,
except that the latter is better and safer, ana
more stable, and more free fh)m political influ-
ences, and more rational and more republican ?
An attack is made at Washington upon all the
banks of the country, when we have at least one
hundred millions of oank paper in cireulation.
At such a time, a time too of peace, instead of
aid, we denounce them, decry them, seek to ruin
them, and begin to issue paper in opposition to
them ! Ton resort to paper, which you profess
to put down; you resort to a bank, which you
pretend to decry and to denounce ; you resort
to a government paper currency, aner having
exdaimed against every currency except that of
Sid and silver ! Mr. C. said he should vote for
r.. Benton's amendment, as far as it went to
prevent the creation of a government bank and a
government currency."
Mr. Webster also supported the motion of
Mr. Benton, saying:
86
THIRTT YEABS* VIEW.
^ He would not be unwilling to giro hifi sup-
port to the bilL as a loan, and that only a tem-
porary loan. He was, however, utterly opposed
to every modification of the measure which went
to stamp upon it tiie character of a government
currency. All past experience showed that such
a currency would depreciate; that it will and
must depredate. He should vote for the amend-
ment, inasmuch as $100 bills were less likely to
get into common diculation than 9^0 bills. His
objection was against the old continental money
hi any shape or in any disguise, and he would
therefore vote for the amenmnent"
The motion was lost by a vote of Id to 25,
the yeas and nays being :
Tkas— Messrs. Allen, Benton, Gky, of Ken-
tucky, Clayton, Kent King, of Georgia^ KcKean,
Pierce, Rives, Robbms, Smith, of Connecticut,
Southard, Spenoe, Tipton, Webster, White— 16.
Nay»— Messrs. Buchanan, Clay, of Alabama,
Crittenden, Fulton^ Grundy, Hubbard, King, of
Alabama^ Knight, LinzL Lyon, Morris, KichoUs,
Kiles, Korvell, Roane, Robinson, Smith, of Indi-
ana^ Strange, Swift^ Tahnadge, Walker, Wil-
liams, Wall, Wright, Young— 25.
CHAPTEB X.
BXTEBnON OF THE FOUBTH DEPOSIT mSTAL-
MEBT.
The deposit with the States had only reached
its second instalment when the deposit banks,
unable to stand a continued quarterly drain of
near ten millions to the quarter, gave np the
effort and closed their doors. The first instal-
ment had been delivered the first of January, in
specie, or its equivalent ; the second m April,
also in valid money ; the third one demandable
on the first of June, wis accepted by the States
in depreciated paper: and they were very willing
to receive the fourth instalment in the same
way. It had cost the States nothing,— was not
likely to be called back by the federal govern-
ment, and was all dear gains to those who took
it as a deposit and held it as a donation. But
the Federal Treasury needed it also; and like-
wise needed ten millions more of that amount
which had already been " deposited " with the
States; and which "c2epon<" was made and ac-
cepted under a statute which required it to be
pttd back whenever the wants of the Treasury
wMQired it. That want had now come, and the
event showed the delusion and the cheat of the
bill under which a distribution had been made
in the name of a deposit The idea of restitu-
tion entered no one's head! neither of the
government to demand it, nor of the States to
render back. What had been delivered, was
gone I that was a clear case ; and reclamation,
or rendition, even of the smallest part, or at the
most remote period, was not dreamed of. But
there was a portion behind-~another instalment
of ten millions— deliverable out of the ^ but-
plus " on the first day of October : but there
was no surplus : on tiie contrary a deficit : and
the retention of this sum would seem to be a
matter of course with the government, only re-
quiring the form of an act to release the obliga-
tion for the delivery. It was recommended by
the President, counted upon in the treasury
estimates, and its retention the condition on
which the amount of treasury notes was limited
to ten millions of dollars. A bill was reported for
the purpose, m the mildest form, not to repeal
but to postpone the clause ; and the reception
which it met, though finally successfiil, should be
an eternal admonition to the federal government
never to have any money transaction with its
members — a transaction in which the members
become the masters, and the devourers of the
head. The finance committee of the Senate had
brought m a bill to repeal the obligation to de-
posit this fourth instalment ; and fixim the be-
ginning it encountered a serious resistance. Mr.
Webster led the way, saying :
^ We are to consider that this money, accord-
ing to the provisions of the existing law, is to
go eqnallv among aU the States, and among iJl
the people; and the wants of the Treasury
must be supplied, if supplies be necessary,
equally by all the people. It is not a question,
tbierefora whether some shall have money, ana
others snail make good the deficiency. All
partake in the distribution, and all will contri-
bute to the supply. So that it is a mere ques-
tion of convenience, and, in my opinion, it is
decidedly most convenient on all accounts, that
this instalment should follow its present desti-
nation, and the necessities of the Treasury be
provided for by other means."
Mr. Preston opposed the repealing bill, prin-
dpally on the ground that many of the States
had already appropriated this money; that is
to say, had undertaken public works on tbe
strength of it; and would suffer more injury
from not receiving it than the Federal Treasury
AJSnSfO 18S7. MASTIir VAN BUBEN, FBESIDBNX
37
would raffer from otherwise sapplyiiig iti place.
Mr. Crittendeo opposed the bill on the flame
gnrand. Kentacky, he said, had made jmrnsion
for the ezpenditnre of the money, and relied
upon it, and could not expect the law to be
lightly reecinded, or l«oken, on the fidth of
which she had anticipated its use. Other
senators treated the deposit act as a contract,
which the United States was bonnd to comply
with by deliyering all the instalments.
In the progiress of the bill Mr. Bnchanan
proposed an amendment, the efibct at whidi
would be to change the essential character of
the so called, deposit act^ and conyert it into a
real distribution measure. By the tenns of the
act, it was the duty of the Secretary of the
Treasoiy to call upon the States for a retnm
of the deposit when needed by the Federal
Treasury: Mr. Buchanan proposed to release
the Secretary from this duty, and derolTe it
upon Congress, by enacting that the three in-
stalments already deliTered, should remain on
deposit with the States until called for by Con-
gress. Mr. Nilee saw the evil of the proposition,
and thus opposed it :
«
^ He must ask for the yeas and nays on the
amendment, and was son^ it had been offered.
If it was to be fiilly considered, it would renew
the debate on the deposit act, as it went to
change the essential principles and terms of that
act A majority of those who voted for that
act about which there had been so much saicL
and so much misrepresentation, had professed
to regard it — and he could not doubt that at the
time they did so regard it — as simply a deposit
law; as merely changing the place of deposit
from the banks to l£e States, so fiir as related
to the surplus. The money was still to be in
the Treasury, and liable to be drawn out, with
certain limitations and restrictions, by the ordi-
nary appropriation laws, without the direct ac-
tion of Congress. The amendment, if adopted,
will chai^ the principles of the deposit act,
and the condition of the money deposited with
the States under it It will no kmger be a de-
posit ; it will not be in the Treasury, even in
point of legal effect or form: the deposit will
be changed to a loan, or, perhaps more properly,
a grant to the States. The rights of the United
States will be changed to a mere claim, like that
against the kte Bank of the United States; and
a daim without any means to enforce it We
were charged, at the time, of making a distribu-
tion of the public revenue to the States, in the
disguise and form of a deposit ; and this amend-
ment, it appeared to him. woukl be a very bold
step towards confirming tne truth of that charge.
He deemed the amendment an important one,
and highly otgectkmable ; but he saw that the
Senate were prepared to adopt it, and he would
not pursue the discussion, but content himself
with repeating his request for the ayes and
noes on the question.''
Mr. Buchanan expressed his belief that the
substitution of Congress for the Secretary of the
Treasury, would make no difference in the nature
ofthefimd: and that remark of his, if understood
as sarcasm, was undoubtedly true ; for the deposit
was intended as a distribution by its autiiors
from the beginning, and this proposed substitu-
tion was only taking a step^and an effectual one,
to make it so: for it was not to be expected
that a Congress would ever be found to call for
this money from the States, which they were so
eager to give to the States. The proposition of
Mr. Buchanan was carried by a large majority
— 33 to 12 — all the opponents of the adminis-
tration, and a division of its friends, voting for
it Thus, the whole principle, and the whole
argument on which the deposit act had been
passed, was reversed. It was passed to make
the State treasuries the Treasury pro tanto of
the United States— to substitute the States for
the banks, for the keeping of this surplus until
it was wanted— and it was placed within the
call of a federal executive oflScer that it might
be had for the public service when needed. AU
this was reversed. The recall of the money was
taken from the federal executive, and referred
to the federal legislative department — to the
Congress, composed of members representing
the States— that is to say, from the payee to
the payor, and was a virtual relinquishment of
the payment And thus the deposit was made
a mockery and a cheat ; and that by those who
passed it
In the House of Representatives the disposi-
tion to treat the deposit as a contract, and to
compel the government to deliver the money
(although it would be compelled to raise by
extraordinary means what was denominated a
surplus), was still stronger than in the Senate,
and gave rise to a protracted struggle, long and
doubtftil in its issue. Mr. Cushing laid down
the doctrine of contract, and thus argued it:
^ The clauses of the deposit act, which apper-
tain to the present question, seem to me to pos-
sess all the features of a contract It provides
that the whole surplus revenue of the United
States, beyond a certain sum, which may be in
the Treasury on a certain day, shall be deposited
38
THIRTY YEABS' VIBW.
with the Beyeral States; which deposit the
States are to keep safely, and to pay back to the
United States, whenever the same shall be
called for by the Secretary of the Treasury in a
prescribed time and mode, and on the happening
of a given contingency. Here, it seems to me,
18 a contract in honor ; and, so fiur as there can
be a contract between the United States and
the several States, a contract in law; there
bein^ reciprocal engagements, for a valuable
consideration, on both sides. It is, at any rate,
a quasi-contract They who impugn this view
of the question argue on the supposition that
the act, performed or to be performed by the
United States, is an inchoate gift of money
to the States. Not so. It is a contract of
deposit ; and that contract is consummated, and
made perfect on the formal reception of any in-
stalment of the deposit by the States. iN ow,
entertaining this view of the transaction, I am
asked by the administration to come fonvard
and break this contrac};. True, a contract made
by the government of the United States cannot
be enforced in law. Does that make it either
honest or honorable for the United States to
take advantage of its power and violate its
pledged fitith ? I refuse to participate in any
such breach of fiuth. But further. The admin-
istration solicits Congress to step in between
the United States and the States as a volunteer,
and to violate a contract, as the means of help-
ing the administration out of difficulties, into
which its own madness and folly have wilfully
sunk it, and which press equally upon the gov-
ernment and the people. The object of the
measure is to relieve the Secretary of the Trea-
sury from the responsibility of acting in this
matter as he has the power to do. Let him act.
I will not go out of my way to interpose in
this between the Executive and the several
States, until the administration appeals to me
in the right spirit. This it has not done. The
Executive comes to us with a new doctrine,
which is echoed by his friends in this House,
namely, that the American government is not
to exert itself for the relief of the American
people. Very welL If this be your policy, I,
as representing the people, will not exert myself
for the reli^ ^ your administratioiL"
Such was the chicanery, unworthy of a pie-
poudre court— with which a statute of the
federal Congress, stamped with every word, in-
vested with every form, hung with every attri-
bute, to define it a deposit — ^not even a loan —
was to be pettifogged into agift ! and a contract
for a gift ! and the federal Treasury required to
stand and deliver ! and all that, not in a low
law court, where attorneys oongr^ate, but in
the high national legislature, where candor
and firmness alone should appear. History
would be ikithless to her mission if she did
not mark such conduct for reprobatk>n, and in-
voke a public judgment upon it
After a prolonged contest the vote was taken,
and the bill carried, but by the smallest majority
— ^119 to 117 ;— a difference of two votes, which
was only a difference of one member. But
even that was a delusive victory. It was im-
mediately seen that more than one had voted
with the minority, not for the purpose of pass-
ing the bill, but to gain the privilege of a miyor-
ity member to move for a reconsideration. Mr.
Pickens, of South Carolina, immediately made
that motion, and it was carried by a minority of
70! Mr. Pickens then proposed an amend-
ment, which was to substitute definite for in-
definite postponement — to postpone to a day
certain instead of the pleasure of Congress : and
the first day of January, 1839, was the day
proposed; and that without reference to the
condition of the Treasury (which might not then
have any surplus), for the transfer of this fourth
instalment of a deposit to the States. The vote
being taken on this proposed imendment, it was
carried by a majority of 40 : and that amend-
ment being concurred in by the Senate, the bill
in that form became a law, and a virtuaMegali-
zation of the deposit into a donation of forty
millions to the States. And this was done by
the votes of membera who had voted for a de-
posit with the States; because a donation to
the States was unconstitutional. The three in-
stalments already delivered were not to be re-
called until Congress should so order; and it
was quite certain that it never would so order.
At the same time the nominal discretion of
Congress over the deposit of the remainder was
denied, and the duty of the Secretary made pe-
remptory to deliver it in the brief space of one
year and a quarter ftom that time. But events
frustrated that order. The Treasury was in no
condition on the first day of January, 1839, to
deliver that amount of money. It was penniless
itself. The compromise act of 1833, making
periodical reductions in the tariff, until the
whole duty was reduced to an oc^ valorem of
twenty per cent, had nearly run its course, and
left the Treasury in the condition of a borrower,
instead of that of a donor or lender of money.
This fourth instalment could not be delivered at
the time appointe(]^ nor subsequently ; — and was
finally relinquished, the States retaining the
amount they had received: which wis so much
AimO 1887. MARTIN VAN BUREN, PRESIDENT.
39
deftr gain through the legisktiye fraud of
maloBg a distribution under the name of a de-
posit
This was the end of one of the distribution
schemes which had so long afflicted and dis-
turbed Congress and the country. Those
schemes began now to be known by their con-
sequenoes — evil to those they were intended to
benefit) and of no senrioe to those whose popu-
larity they were to augment. To the States the
deposit proved to be an eyil, in the contentions
and combinations to which their disposition gave
rise m the general assemblies — ^in the objects to
which they were applied — and the futility of the
help which they afforded. Popularity hunting,
on a national scale, gave birth to the schemes in
Oongress: the same spirit, on a smaller and
local scale, took them up in the States. All
sorts of plans were proposed for the employ-
ment of the money, and combinations more or
less interested, or designing, generally carried the
point in the universal scramble. In some States
a pro rata division of the money, per capite, was
made; and the distributive share of each indi-
vidual being but a few shillings, was received
with contempt by some, and rejected with scorn
by others. In other States it was divided among
the counties, and gave rise to disjointed under-
takings of no general benefit. Others, again,
were stimulated by the unexpected acquisition
of a large sum, to engage in large and premature
works of internal improvement, embarrassing
the State with debt, and commencing works
which could not be finished. Other States
again, looking upon the deposit act as a legis-
lative fraud to cover an unconstitutional and
demoralizing distribution of public money to the
people, refused for a long time to receive their
proffered dividend, and passed resolutions of
censure upon the authors of the act And thus
the whole policy worked out differently from
what had been expected. The States and the
people were not grateful for the favor: the
authors of the act gained no presidential elec-
tion by it : and the gratifying fact became evi-
dent that the American people were not the de-
generate Romans, or the volatile Greeks, to be
seduced with their own money— -to give their
rotes to men who lavished the public moneys
on their wants or their pleasures — in grain to
feed them, or in shows and games to delight
and amuse them.
OHAPTEB XI.
mBEFESfBSNT TBEABTTBY AND HABD MONET
FATMENT8.
These were the crownmg measures of the ses-
sion, and of Mr. Van Buren's administration, —
notentirely consummated at that time, but partly,
and the rest assured ; — and constitute in &ct an
era in our financial history. They were the
most strenuously contested measures of the ses-
sion, and made ibe issue completely between the
hard money and the paper money systems.
They triumphed — ^have maintained their su-
premacy ever since — and vindicated their excel-
lence on trial. Vehemently opposed at the time,
and the greatest evil predicted, opposition baa
died away, and given place to support ; and the
predicted evils have been seen only in blessings.
No attempt has been made to disturb these great
measures since their final adoption, and it would
seem that none need now be apprehended ; but
the history of their adoption presents one of the
most instructive lessons in our financial legisla-
tion, and must have its interest with future ages
as well as with the present generation. The bills
which were brought in for the purpose were
dear in principle— simple in detail : the govern-
ment to receive nothing but gold and silver for
its revenues, and its own officers to keep it —
the Treasury bemg at the seat of government,
with branches, or sub-treasuries at the principal
points of collection and disbursement And
these treasuries to be real, not constructive —
strong buildings to hold the public moneys, and
special officers to keep the keys. The capacious,
strong-walled and well-guarded custom houses
and mints, fiimished in the great cities the
rooms that were wanted : the Treasury building
at Washington was ready, and in the right
place.
This proposed total separation of the federal
government from all banks— called at the time
in the popular language of the day, the divorce
of Bank and State— naturally arrayed the whole
bank power against it, from a feeling of interest ;
and all (or nearly so) acted in conjunction with
the once dominant, and still potent, Bank of the
United States. In the Senate, Mr. Webster
headed one interest— «Mr. Rives, of Virginia, the
40
THIBTY YEARS' VIEW.
other; and Mr. Calhoun, who had long acted
with the opposition, now came back to the sup-
port of the democracy, and gave the aid without
which these great measures of the session could
not have been carried. His temperament re-
quired him to have a lead ; and it was readily
yielded to him in the debate in all cases where
he went with the recommendations of the mes-
sage ; and hence he appeared, in the debate on
these measures, as the principal antagonist of
Mr. Webster and Mr. Rives.
The present attitude of Mr. Oalhoon gave
rise to some taunts in relation to his former
support of a national bank, and on his present
political assodationa, which gave him the oppor-
tunity to set himself right in relation to that
institution and his support of it in 1816 and,
1834. Inthisvem Mr. Rives said:
' It does seem to me, Mr. President, that this
perpetual and gratuitous introduction of the
Bank of the United States into this debate,
with which it has no connection, as if to alarm
the imaginations of grave senator^ is but a poor
evidence of the intrinsic strength of the gentie-
man's cause. Much has been said of argument
ad eaptandum in the course of this discussion.
I have heard none that can compare with this
solemn stalking of the ghost of the Bank of the
United States through this hall, to * frighten
senators from their propriety.' I am as much
opposed to that institution as the gentieman or
any one else is, or can be. I think I may say I
have given some prooft of it The gentieman hun-
aelf acquits me of any design to favor the interest
of that institution, while he says such is the
necessary consequence of my proposition. The
suggestion is advanced for effect, and then re-
tracted in form. Whatever be the new-bom
seal of the senator from South Carolina against
the Bank of the United SUtes, I flatter myself
that I stand in a position that places me, at
least, as much above suspicion of an undue lean-
ing in favor of that institution as the honorable
centieman. If I mistake not, it was the senator
from South Carolina who introduced and sup-
Sorted the bill for the charter of the United
tates Bank in 1816; it was he, also, who
brought in a bill in 1834, to extend the cnarter
of that institution for a term a£ twelve ^^ears ;
and none were more consincuous than he in the
well-remembered scenes of that day. in urging
the restoration of the government deposits to
this same institution."
The reply of Mr. Calhoun to those taunts,
which impeached his consistency — a point at
which he was always sensitive — ^was quiet and
ready, and the same that he had often been
heard to exproas in oommon ecmversatioiL He
said:
^ In supporting the bank of 1816, 1 openly
declared tnat, as a question de novo, I would
be decidedly against the bank, and would be the
last to give it my supnort. 1 also stated that,
in supporting the bank then, I yielded to the
necessity of tiie case, ^wing out of the then ex-
isting and long-established conneetion between
the government and the banking system. I took
the ground, even at that early period, that so
long as the connection existed, so long as the
government reodved and paid away bank notes
as moTkdjy they were bound to regulate their
value, and had no alternative but tho establish-
ment of a national bank. I found the oonneo>
tion in existence and established before my time,
and over which I could have no control I
yielded to the necessity, in order to correct the
disordered state of the currency, which bad
fidlen exclusively under tl^ control ci the
States. I yielded to what I could not reverse^
just as any member of the Senate now would,
who might believe that Louisiana was unconsti-
tutionaUy admitted into the Union, but who
would, nevertheless, feel compelled to vote to
extena the laws to that State, as one of its
members, on the ground that its admission was
an act, whether constitutional or unconstitu-
tional, which he could not reverse. In 1834, 1
acted in conformity to the same principle, in
proposing the renewal of the bank charter for a
short period. My object, as expressly avowed,
was to use the buik to break the connection be-
tween the ^vemment and the banking system
gradually, m order to avert the catastrophe
which lias now befallen us, and which I t^ea
clearly perceived. But the connection, which I
believed to be irreversible in 1816, has now been
broken by operation of law. It is now an open
question. I feel myself firee^ for the first time,
to choose my course on this important subject ;
and, in opposing a bank, I act m conformity to
principles which I have entertuned ever since I
nave rally investigated the subject."
Going on with his lead in support of the
President's reconmiendations, Mr. Calhoun
brought forward the proposition to discontinue
the use of bank paper in the receipts and dis-
bursements of the federal government, and sup-
ported his motion as a measure as necessary to
the welfare of the banks themselves as to the
safety of the government. In this sense he
said;
*' We have reached a new era with regard to
these institutions. He who would judge of the
future by the past, in reference to them, will be
wholly mistaken. The year 1833 marks the
commencement of this era. That extraordinary-
man, who had the power of imprinting his own
ANNO IWI. MAKim VAK VOKES, FRBSinENT.
41
fiseUngs on the oomnnmitj, then oomnwneed
his hostile attacks, which have left such effects
behind, that the war then commenced against
the banks, I clearly see, will not terminate, un-
less there be a separation between them and
the goTomment, — until one or the other tri-
mnphs—till the goyemment becomes the bank,
or me bank the govenmient. In resisting their
union, I act as the friend of both. I haye^ as I
have said no unkind feeling toward the banks.
I am neiuier a bank man, nor an anti-bank man.
I have had little connection with them. Many
of my best friends, for whom I have the high-
est esteem, haye a deep interest in their pros-
perity, and, as fiu* as friendship or persouM at-
tachment extends, my inclination would be
strongly in their fiiTor. But I stand up here as
the representatiye of no particular interest I
look to ibd whole, and to the future, as well as
the present ; and I shall steadily pursue that
course which, under the most eniamd yiew. I
belieye to be my duty. In 1834 I saw tne
present crisis. I inyain raised a warning yoice,
and endeavored to avert it. I now see, with
equal certainty, one fiur more portentous. If
this struggle is to go on — ^if the banks will in-
sist upon a reunion wiUi the Rovemment, against
the sense of a large and influential portion of
the community — and, above all, if they should
succeed in effecting it— a reflux flood will inev-
itably sweep away the whole system. A deep
popular excitement is never witiiout some rea-
son, and ought ever to be treated with respect ;
ana it is the part of wisdom to look timely into
the cause, and correct it before the excitement
shall become so great as to demolish the object^
with all its good and evil, against which it is
directed."
Mr. Rives treated the divorce of bank and
State as the divorce of the government fcom
the people, and said :
"Much reliance, ICr. President, *has been
placed on the popular catch-word of divorcing
the government from all connection with banks.
Nothing is more delusive and treacherous than
catch-words. How often has Uw revered name
of liberty been invoked in every Quarter of the
g)obe, and everv age or the worlo, to disj^uise
and sanctify the most heartless despotisms.
Let us beware that^ in attempting to divorce
the ffovemment from all connection with banks,
we do not end with divorcing the government
from the people. As long as the people shall
be satisfied in their transactions with each
other, with a sound convertible paper medium,
with a due proportion of the precious metals
fi>rming the basis of that medium, and mingled
in the current of circulation, why should the
government reject altogether this currency of
uie people, in the operations of the public
Treasury? If this currency be good enough
for the masters, it ought to be so for the ser-
vants. If the government sternly reject, for its
uses, the general medium of exchange adopted
by the community, is it not thereby isolated
ftom the general wants and business of the
country, in relation to this great concern of the
oumncy? Do yon not give it a separate, if
not hostile, mterest, and thus, in effect, produce
a divorce between govenunent and people 7 — a
result of all others, to be most deprecated in a
republican system.''
Mr. Webster's main aigument in fiivor of the
re-^stablishment of the National Bank (which
was the consummation he kept steadily in his
eye) was, as a regulator of currency, and of the
domestic exdianges. The answer to this was,
that these arguments, now relied on as the
main ones for the continuanoe of the institutioii,
were not even thought of at its commencement
— that no such reasons were hinted at by Qen-
eral Hamilton and the advocates of the first
bank— that they were new-fimgled, and had not
been brought forward by others untfl after the
paper system had deraxiged both currency and
exchanges; — and that it was contradictory to
look for the cure of the evil in the source of the
eviL It was denied that the regulation of ex-
changes was a goyemment concern, or that the
federal government was created for any such
purpose. The buying and selling of bills of
exchange was a business pursuit — a commercial
business, open to any citizen or bank ; and the
loss or profit was an individual, and not a gov-
ernment concern. It was denied that there
was any derangement of currency in the only
currency which the constitution recognized —
that of gold and silver. Whoever had this cnr^
reacy to be exchanged— that is, given in ex-
change at one place for the same in another
place — ^now had the exchange effected on fair
terms, and on the just commercial principle —
that of paying a difference equal to the flight
and insurance of the money : and, on that prin-
ciple, gold was the best regulator of exchanges ;
for its small bulk and little weight in propor-
tion to its value, made it easy and cheap of
transportation ; and brought down the exchange
to the minimum cost of such transportation
(even when necessary to be made), and to the
uniformity of a permanent business. That was
the principle of exchange ; but, ordinarily, there
was no transportation in the case : the exchange
dealer in one dty had his correspondent in
another: a letter often did the busmess. The
42
THIETT TEABS' VIEW.
regulation of the currency required an under-
standing of the meaning of the term. As need
by the friends of a National Bank, and referred
to its action, the paper currency alone was in-
tended. The phrase had got into Togne since
the paper currency had become predominant,
and that is a currency not recognized by the
constitution, but repudiated by it ; and one of
its main objects was to prevent the future
existence of that currency — ^the eyils of which
its framers had seen and felt. Qold and silrer
was the only currency recognized by that in-
strument) and its regulation specially and exclu-
sively given to Congress, which had lately dis-
charged its duty in that particular, in regula-
ting the relative value of the two metals. The
gold act of 1834 had made that r^ulation, cor-
recting the error of previous legislation, and
bad revived the circulation of gold, as an ordi-
naiy currency, after a total disappearance of it
under an erroneous valuation, for an entire gen-
eration. It was in full circulation when the
combined stoppage of the banks again sup-
pressed it That was the currency — gold and
silver, with the r^ulation of which Congress
was not only intrusted, but charged : and this
r^ulation included preservation. It must be
saved before it can be regulated; and to save it,
it must be brought into the country-^^md kept
in it The demand of the federal treasury
could alone accomplish these objects. The
quantity of specie required for the use of that
treasury — ^its large daily receipts and disburse-
ments-Hill inexorably confined to hard money
— ^would create the demand for the precious
metals which would command their presence,
and that in sufficient quantity for the wants of the
people as well as of the government. For the
government does not consume what it collects
—does not melt up or hoard its revenue, or
export it to foreign countries, but pays it out
to the people; and thus becomes the distributor
of gold and silver among theuL It is the great-
est paymaster in the countiy; and, while it
pays in hard money, the people wiU be sure of
a supply. We are taunted with the demand :
^ Where is 'ike better currency f^^ We an-
swer : " Suppressed by the conspiracy of the
banks I " And this is the third time in the
last twenty years in which paper money has
suppressed specie, and now suppresses it: for
this is a game— (the war between gold and
paper)— in which the meanest and weakest is
always the conqueror. The baser currency
always displaces the better. Hard money
needs support against paper, and that support
can be given by us, by excluding paper money
firom all federal receipts and payments ; and con-
fining paper money to its own local and inferior
orbit: and its regulation caif''be well accom-
plished by subjecting delinquent banks to the
process of bankruptcy, and their small notes to
suppression imder a federal stamp duty.
The distress of the country figured largely in
the speeches of several members, but without
finding much S3rmpathy . That engine of opera-
ting upon the government and the people had
been over-worked in the panic session of 1833-^34^
and was now a stale resource, and a crippled ma-
chine. The suspension appeared to the country to
have been purposely contrived, and wantonly coi^
tinned. There was now more gold and silver in
the coimtry than had ever been seen in it before
— four times as much as in 1832, when the Bank
of the United States was in its palmy state, and
was vaunted to have done so much for the cur-
rency. Twenty millions of silver was then its
own estimate of the amount of that metal in the
United States, and not a particle of gold in-
cluded in the estimate. Now the estimate of
gold and silver was eighty millions ; and with
this supply of the precious metals, and the de-
termination of all the sound banks to resume as
soon as the Bank of the United States could be
forced into resumption, or forced into open in-
solvency, so as to lose control over others, the
suspension and embarrassment were obliged to
be of brief continuance. Such were the argu-
ments of the friends of hard money.
The divorce bill, as amended, passed the
Senate, and though not acted upon in the House
during this called session, yet received the im-
petus which soon carried it through, and gives
it a right to be placed among the measures of
that session.
CHAPTER XII.
ATTSMFTED RESUMPTION OF SPECIE PAYMENTS.
Ths suspension of the banks commenced at New
York, and took place on the morning of the 10th
ANNO 1887. MARTIN VAN BUBEN, PRESIDENT.
43
of May: those of Philadelphia, headed liytheBank
of the United States, closed their doors two days
after, and merely in consequence, as they allied,
of theNew York suspension; and the Bank of the
United States espedaUy dedared its wish and
ability to ha^e continued specie payments with-
out reserre, but felt it proper to follow the ex-
ample which had been set All this was known
to be a fiction at the time ; and the events were
soon to come, to prove it to be so. As early as
the 15th of August ensuing — in less than one
hundred days after the suspension— the banks
of New York took the initiatory steps towards
resuming. A general meeting of the officers of
the banks of the city took place, and appomted
a committee to correspond with other banks to
procure the appointment of delegates to agree
upon a time of general resumption. In this
meeting it was unanimously resolved : " That
the banks of the several States be respect/idly
invited to appoint delegates to meet on the
21 th day of November next^ in the city of New
York, for the purpose of conferring on the
time when specie payments may be resumed
with safety ; and on the measures necessary to
effect that purpose?^ Three citizens, eminently
respectable in themselves, and presidents of the
leading institutions — Messrs^ Albert Gallatin,
George Newbold, and Cornelius W. Lawrence —
were appointed a committee to correspond with
other banks on the subject of the resolution.
They did so; and, leaving to each bank the
privilege of sending as many delegates as it
pleased, they warmly urged the importance of
the occasion, and that the banks from each
State should be represented in the proposed
convention. There was a general concurrence
in the invitation ; but the convention did not
take place. One powerful interest, strong
enough to paralyze the movement, refused to
oome into it. That interest was the Philadel-
phia banks, headed by the Bank of the United
States! So soon were fallacious pretensions
exploded when put to the test. And the test
in this case was not resumption itself^ but only
a meeting to confer upon a time when it would
suit the general interest to resume. Even to
unite in that conference was refused by this ar-
rogant interest, affecting such a superiority over
all other banks ; and pretending to have been
only dragged into their condition by their ex-
ample. But a reason had to be given for this
refiisa], and it was— «[id was worthy of the
party ; namely, that it was not proper to do
any thing in the business until after the ad-
journment of the extra session of Congress.
That answer was a key to the movements in
Congress to thwart the government plans, and
to coerce a renewal of the United States Bank
charter. After the termination of the session it
will be seen that another reason for ref^isal was
found.
OHAPTEB XIII.
BA17KBUFT ACT AGAINST BANES.
Tms was the stringent measure recommended
by the President to cure the evil of bank sus-
pensions. Scattered through all the States of
the Union, and only existing as local institu-
tions, the federal government could exercise no
direct power over them ; and the impossibility
of bring^g the State legislatures to act in con-
cert, left the institutions to do as they pleased ;
or rather, left even the insolvent ones to do as
they pleased; for these, dominating over the
others, and governed by their own necessities, or
designs, compelled the solvent banks, through
panic or self-defence, to follow their example.
Three of these general suspensions had occurred
in the last twenty years. The notes of these
banks constituting the mass of the circulating
medium, put the actual currency into the hands
of these institutions; leaving the community
helpless ; for it was not in the power of indi-
viduals to contend with associated corporations
It was a reproach to the federal government to
be unable to correct this state of things — to see
the currency of the constitution driven out of
circulation, and out of the country ; and substi-
tuted by depreciated paper ; and the very evil
produced which it was a main object of the conr
stitution to prevent The fhuners of that instru-
ment were hard-money men. They had seen
the evils of paper money, and intended to guard
their posterity against what they themselves had
suffered. They had done so, as they believed,
in the prohibition upon the States to issue bills
of credit ; and in the prohibition upon the States
to make any thing but gold and silver a tender
in discharge of debts. The mvention of banks,
44
TEOBTT YEABSf VIEW.
and their power OTer the oommumty, had nnUi-
fled this just and wise mtention of tibe oonstita-
tlon ; and certainly it would be a reproach to
that instniment if it was incapable of protecting
itself against sach enemies, at such an important
point Thus &r it had been found so incapable;
but it WIS a question whether the finlt was in
the instrument) or in its administrators. There
were many who belieTed it entirely to be the
fault of the latter— who beUered that the con-
stitution had ample means of protection, within
itself^ against insolyent, or delinquent banks —
and that, all that was wanted was a will in the
federal legislature to apply the remedy which
the evil required. This remedy was the process
of bankruptcy, under which a delinquent bank
might be instantly stopped in its operations —
its circulation called in and paid off , as fiur as its
assets would go— itself closed upland all po?rer
of further mischief immediately terminated.
This remedy it was now proposed to apply.
President Van Buren recommended it : he was
the first President who had had the merit of
doing so; and all that was now wanted was a
Congress to back him: and that was a great
want! one hard to supply. A powerful array,
strongly combined, was on the other side, both
moneyed and political. All the local banks
were against it ; and they counted a thousand
— ^their stockholders myriads; — and many of
their owners and debtors were in Oongrees:
the (still so-caUed) Bank of the United States
was against it: and its power and influence
were still great : the whole political party ojh
posed to the administration were against it^ as
well because opposition is always a necessily of
the party out of power, as a means of getting in,
as because in the actual drcumstanoes of the
present state of things oj^xmtion was essential
to the success of the outside party. Mr. Webster
was the first to oppose the measure, and did so,
seeming to question the right of Congress to
apply the remedy rather than to question the
expediency of it He said:
^ We bayo seen the declaration of the President,
hi whidi he says that he refrains from suggesting
any specific plan fer the regulation of the ezchan-
fles ortbe country, and for relieving mercantile em-
barrassments, or for interfering with the ordinary
operation of foreign or domestic commerce ; and
that he does this from a conviction that such
measures are not within the constitutional pro-
yinoe of the general goyemment; and yet he
has made a recommendation to Congress wfaidi
appears to me to be yeiy remarkable, and it is
ca a measure which he thinks may proye a
salutary remedy against a depreciated paper
currency. This measure is neither more nor
less than a bankrupt law against corporations
and other bankers.
'^ Now, Mr. President, it is certainly true that
the constitution authorizes Congress to establish
uniform rules on the subject of bankruptcies;
but it is equally true, and abundantiy manifest,
that this power was not granted with any refer-
ence to currency questions. It is a general
power — a power to make uniform rules on the
subject How is it possible that such a power
can be fairly exercised by seizing on corpora-
tions and bimkers, but excluding all the other
usual subjects of bankrupt laws ! Besides, do
such laws ordinarily extend to corporations at
all ? But suppose they might be so extended,
by a bankrupt law enacted for the usual pur-
poses contemplated by such laws; how can a
law be defended, which embraces them and
bankers alone ? I should like to hear what the
learned gentleman at the head of the Judiciary
Committee, to whom the subiect is referred, has
to say upon it How does Ihe President's sug-
gestion conform to his notions of the constitu-
tion? The object of bankrupt laws, sir, has no
relation to currency. It is simply to distribute
the e£fects of insolyent debtors among their
creditors ; and I must say, it strikes me that it
would be a great peryersion of the power con-
ferred on Congress to exercise it upon corpora-
tions and bankers^ with the leading and primary
object of remedymg a depreciated paper cur-
rency.
*^And this appears the more extraordinary,
inasmuch as the President is of opinion that the
general subject of the currency is not within
our province. Bankruptcy, in its common and
just meanmg, is within our province. Currency,
says the message, is not But we have a bank-
ruptcy power in the constitution, and we will
use tibis power^not for bankruptcy, indeed, but
for currency. This, I confess, sir, appears to me
to be the short statement of the matter. I would
not do the message, or its author, any intentional
injustice, nor create any apparent^ where there
was not a real inconsistency ; but I declare, in
all smcerity, that I cannot reconcile the proposed
use of the bankrupt power with those opinions
of the message which respect the authority of
Congress Over the currency of the country.''
The right to use this remedy against bank-
rupt corporations was of course well considered
by the President before he recommended it, and
also by the Secretary of the Treasury (Mr.
Woodbuiy), bred to the bar, and since a justice
of the Supreme Court of the United States, by
whom it had been several times recommended.
Doubtless the remedy was sancticaed by the
ANNO 18S7. HABTIN YAK BDREN, PRESIDENT.
45
whole oftbinet before it became a subject of exe-
ontiTe recommendation. Bat tbe objections of
Mr. Webster, though rather su^^ested than
urged, and confined to the right without im-
peaching the expediency of the remedy, led to a
fbll examination into the nature and olyects of
the ]*WB of bankruptcy, in which the nc^t to
use them as proposed seemed to be fully yindi-
Gated. But the measure was not then pressed
to a yote ; and the oceasion for the remedy haT-
ing soon passed away, and not recurring since,
the question has not been reviy ed. But the im-
portance of the remedy, and the possilnlity that
it may be wanted at some future time, and the
hi£^ purpose of showing that the constitution is
not impotent at a point so yita], renders it pro-
per to present, in this View of the working of
the government, the line of sigument which was
then satisfiu^ry to its advocates : and this is
done in the ensuing chapter.
CHAPTER XIV.
BANKBUPT ACT FOB BANKS: MB. BENTON^
BPBECH.
The power of Congress to pass bankrupt laws
is expressly given in our constitution, and given
without limitation or qualification. It is the
fourth in the number of the enumerated powers,
and runs thus: " Congress shall have power to
establish a uniform rule of naturalization, and
uniform Uws on the subject of bankruptcies
throughout the United States." This is a full
and clear grant of power. Upon its face it admits
of no question, and leaves Congress at fhll
liberty to pass any kind of bankrupt laws they
please, limited only by the condition, that what-
ever Ijkws are passed, they are to be uniform in
their operation throughout the United States.
Upon the fiuse of our own constitution there is
no question of our right to pass a bankrupt law,
limited to banks and bankers ; but the senator
from Massachusetts [Mr. Webstsb] and others
who have spoken on the same side with him,
must carry us to England, and conduct us
through the labyrinth of English statute law,
and through the chaos of English judicial de-
cisions, to leam what this word bankruptcies,
In our constitntioa is hitended to signify. In
this he^ and they, are true to the habits oi the
legal profession^-those habits which, both in
Great Britain and our America, have become a
proverbial disqualifioation for the proper ex-
erdse of legislative duties. I know, Mr. Pres-
ident, that it is the fote of our lawyers and
judges to have to run to British law books to
find out the meaning of the phrases contained in
our constitution; but it is the business of the
l^slator, and of the statesman, to take a laiger
view — ^to consider the difference between the
political institutions of the two countries— to
ascend to first principles— to know the causes
of events— and to judge how fiu* what was suit-
able and benefidai to one might be prejudicial
and uu^plicable to the other. We stand here
as legislators and statesmen, not as lawyers and
judges ; we have a grant of power to execute^
not a statute to interpret; and our first du^
is to look to that grant, and see what it is; and
our next duty is to look over omr country, and
see whether there is any thing in it which re-
quires the exerdse of that grant of power. This
is what our President has done, and what we
ought to dOb He has looked hito the constitu-
tion, and seen there an unlimited grant of power
to pass unifonn laws on the subject of bank-
ruptcies; and he has looked over the United
States, and seen what he believes to be fit sub-
jects for the exercise of that power, namely,
about a thousand banks in a state of bankrupted,
and no State possessed of authority to act be-
yond its own limits in remedying the evils of a
mischief so vast and so frig^tfuL Seeing these
two things— ft power to act, and a subject matter
requiring action— -the President has recom-
mended the action which the constitution per^
mits, and whidi the subject requires ; but the
senator from Massachusetts has risen in his
place, and called upon us to shift our view; to
transfer our contemplation— ^from the constitu-
tion of the United States to the British statute
book— fixnn actual bankruptcy among ourselves
to historical bankruptcy in England; and to
confine our logLslatian to the charactmstics of
the English modeL
As a general proposition, I lay it down that
Congress is not confined, like jurists and judges,
to the English statutory definitions, or the Nisi
Prius or King's Bench construction of the
phrases known to English legislation, and used
in our constitution. Such a limitation would
not only narrow us down to a mere lawyer's
46
THIRTT YBARS' VIEW.
view of a subject, but would limit us, in point
of time, to English precedents, as they stood at
the adoption of our constitution, in the year
1789. I protest against this absurdity, and con-
tend that we are to use our granted powers ao-
oording to the circumstances of our own coun-
try, and accordiug to the genius of our republican
institutions, and according to the progress of
events and the expansion of light and knowledge
among ourselves. If not, and if we are to be
confined to the " usual objects," and the ^ usual
subjects," and the " usual purposes," of British
legislation at the time of the adoption of our
constitution, how could Congress ever make a
law in relation to steamboats, or to railroad
cars, both of which' were unknown to British
legisUition in 1789 ; and therefore, according to
the idea that would send us to England to find
out the meaning of our constitution, would not
fidl within the limits of our legislative authority.
Upon their &ce, the words of the constitution
are sufficient to justify the President's recom-
mendation, even as understood by those who
impugn that recommendation. The bankrupt
clause is very peculiar in its phraseology, and
the more strikingly so from its contrast with
the phraseology of the naturalization dause,
which is coupled with it. Mark this difference :
there is to be a uniform rule of naturalization :
there are to be uniform laws on the subject- of
bankruptcies. One is in the singular, the other
in the plural ; one is to be a rule, the other are
to be laws ; one acts on individuals, the other
on the subject ; and it is bankruptcies that are,
and not bankruptcy that is, to be the objects of
these uniform laws.
As a proposition, now limited to this particu-
lar case, I lay it down that we are not confined
to the modem English acceptation of this term
bankrupt ; for it is a term, not of English, but
of Roman origin. It is a term of the civil law,
and borrowed by the English firom that code.
They borrowed firom Italy both the name and the
purpose of the law ; and also the first objects to
which the law was applicable. The English
were borrowers of every thing connected with
this code ; and it is absurd in us to borrow firom
a borrower — to copy firom a copyist — ^when we
have the original lender and the original text
before us. Bancua and ruptiu signifies a
broken bench; and the word broken is not
metaphorical but literal, and is descriptive of
the ancient method of cashiering an insolvent
or fWkudulent banker, by turning him out of the
exchange or market place^ and breaking the
table bench to pieces on which he kept his money
and transacted his business. The term bank-
rupt, then, in the civil law from which the Eng-
lish borrowed it, not only applied to bankers, but
was confined to them ; and it is preposterous in
us to limit ourselves to an English definition of
a civil law term.
Upon this exposition of our own constitution,
and of the civil law derivation of this term
bankrupt, I submit that the Congress of the
United States is not limited to the En^ish
judicial or statutory acceptation of the term ;
and so I finish the first point which I took
in the argument. The next point is more
comprehensive, and makes a direct issue with
the proposition of the senator from Massa-
chusetts, [Mr. Webster.] His proposition ia,
that we must confine our bankrupt legislation
to the usual objects, the usual subjects, and the
usual purposes of bankrupt laws in England ;
and that currencr^ (meaning paper money and
shin-plasters of course), and banks, and bank-
ing, are not within the scope of that legislation.
I take issue, sir, upon all these points, and am
ready to go with the senator to England, and to
contest them, one by one, on the evidences of
English history, of English statute law, and of
English judicial decision. I say English ; for,
although the senator did not mention England,
yet he could mean nothing else, in his reference
to the usual objects, usual subjects, and usual
purposes of bankrupt laws. He could mean
nothing else. He must mean the English exam-
ples and the English practice, or nothing ; and
he is not a person to speak, and mean nothing.
Protesting against this voyage across the high
seas, I nevertheless will make it, and will ask
the senator on what act, out of the scores which
Parliament has passed upon this subject, or on
what period, out of the five hundred years that
she has been l^islating upon it, will he fix for
his example? Or, whether he will choose to
view the whole together ; and out of the vast
chaotic and heterogeneous mass, extract a
general power which Parliament possesses, and
which he proposes for our exemplar ? For my-
self^ I am agreed to consider the question under
the whole or under either of these aspects, and,
relying on the goodness of the cause, expect a
ANNO 1887. HABTIN VAN BTTBEN. PRESIDENT.
47
Bsfe delirennoe from the contest, take it in any
way.
And first, as to the acts passed upon this
sabjeot ; great is their nnmber, and most dis-
similar their provisions. For the first two
hnndred years, these acts applied to none but
aliens, and a single class of aliens, and only for
a single act, that of flying the reahn to avoid
their creditors. Then they were made to apply
to all debtors, whether natives or foreigners,
engird in trade or not, and took effect Ibr
three acts : Ist, flying the reahn ; 2d, keeping
the house to avoid creditors ; 3d, taking sanc-
tuary in a church to avoid arrest For upwards
of two hundred years — ^to be precise, for two
hundred and twenty. years — ^bankruptcy was
only treated criminally, and directed against
those who would not face their creditors, or
abide the laws of the land ; and the remedies
against them were not civil, but criminal; it
was not a distribution of the effects, but cor-
poral punishment, to wit: imprisonment and
outlawry.* The statute of Elizabeth was the
first that confined the law to merchants and
traders, took in the unfortunate as well as the
criminal, extended the acts of bankruptcy to in-
ability as well as to disinclination to pay, dis-
criminated between innocent and fWiudulent
bankruptcy; and gave to creditors the remedial
right to a distribution of effects. This statute
opened the door to judicial construction, and the
Judges went to work to define by decisions, who
were traders, and what acts constituted the
fact, or showed an intent to delay or to defraud
creditors. In making these decisions, the judges
reached high enough to get hold of royal com-
panies, and low enough to get hold of shoe-
makers ; the latter upon the ground that they
bought the leather out of which they made the
shoes ; and they even had a most learned con-
sultation to decide whether a man who was
a landlord for dogs, and bought dead horses for
his four-legged boarders, and then sold the skins
and bones of the horse carcases he had bought,
Preofnble to th$ ati <tfZ4/h qfBmna vm.
* Whereas direis and nindiy penou tntVUj obtained into
fholr hands great siibstanoe of other mon's goods, do snddonly
flee to parts unknown, or keep ^eir bonaeflt not minding to
pa7 or restore to any of their creditors, their debts and dnties,
bat at their own wills and own pleasnios oonsame the sab-
Btaaoe obtained hy eredit of other men for their own pleaaores
and delicate liring, against all reason, equity, and good oon-
was not a trader within the meaning of the act;
and so subject to the statute of bankrupts.
These decisions of the judges set the Parliament
to work again to preclude judicial constructions
by the precision, negatively and affirmatively,
of legislative enactment. But, worse and worse !
Out oftheftyin^panmto the fire. The more
legislation the more construction; the more
statutes Parliament made, the more numerous
and the more various the judicial decisions ;
until, besides merchants and traders, near forty
other descriptions of persons were included ; and
the catalogue of bankruptcy acts, innocent or
fraudulent, is swelled to a length which requires
whole pages to contain it Among those who
are now included by statutory enactment in
England, leaving out the great classes compre-
hended under the names of merchants and
traders, are bankers, brokers, factors, and scri-
veners ; insurers against perils by sea and land ;
warehousemen, wharfingers, packers, builder^
carpenters, shipwrights and victuallers ; keepers
of inns, hotels, taverns uid coffee-houses ; dyers,
printers, bleachers,' fullers, calendrers, sellers
of cattle or sheep ; oommisswn merchants and
consignees; and the agents of all these classes.
These are the affirmative definitions of the
classes liable to bankruptcy in England ; then
come the negative; and among these are fu^
mers, graziers, and common laborers for hire ;
the receivers general of the king's taxes, and
members or subscribers to any incorporated
companies established by charter of act of Par^
liament. And among these negative and affirm-
ative exclusions and inclusions, there are many
classes which have repeatedly changed position,
and found themselves successively in and out of
the bankrupt code^ Now, in all this mass of
variant and contradictory legislation, what part
of it will the senator from Massachusetts select
for his model? The improved, and approved
parts, to be sure ! But here a barrier presents
itself— «n impassable wall interposes—a veto
power intervenes. For it so happens that the
improvements in the British bankrupt code,
those parts of it which are considered best, and
most worthy of our imitation, are of modem
origin — ^the creations of the last fifty years —
actually made since the date of our constitution ;
and, therefore, not withm the pale of its purview
and meaning. Yes, sir, made since the estab-
lishment of our constitution, and, therefore, not
48
THIRTT YEABS' VIEW.
to be included within its contemplation ; nnleBS
this doctrine of searching into British statntes
for the meaning of our constitation, is to make
us search forwards to the end of the British em-
pire, as well as search backwards to its begin-
ning. Fact is, that the actual bankrupt code of
Great Britain — the one that preserves all that
is valuable, that consolidates all that is pre-
served, and improves all that is improvable, is an
act of most recent date— of the reign of Geoige
IV., and not jet a dozen years old. Here^ then,
in going back to England for a model, we are
cut off from her improvements in the bankrupt
oode^ and confined to take it as it stood imder
the reign of the Plantagenets, the Tudors, the
Stuarts, and the earlier reigns of the Brunswick
sovereigns. This should be a consideration, and
sufficiently weighty to turn the scale in &vor
of looking to our own constitution alone fi)r the
extent and circumscription of our powers.
But let us continue tins discussion upon prin-
ciples of British example and British legislation.
We must go to England for one of two things ;
either for a case in point, to be found in some
statute^ or a general authority, to be extracted
from a general practice. Take it either way, or
both ways, and I am ready and able to vindicate,
upon British precedents, our perfect right to en-
act a bankrupt law, limited in its a{^cation to
banks and bankers. And flrst^ for a case in
point, that is to say, an English statute of bank-
ruptcy, limited to these lords of the purse-
strings : we haTe it at once, in the first act ever
passed on the subject — ^the act of the 30th
year of the reign of Edward IIL, against the
Lombard Jews. Erery body knows that these
Jews were bankers, usually formed into compa-
nies, who, issuing ilram Venice^ Milan, and other
parts of Italy, spread oyer the south and west
of Europe, during the middle ages ; and estab-
lished themselves in every country and city in
which the dawn of reviving civilisation, and the
germ of returning industry, gave employment
to money, and laid the foundation of credit
They came to London as early as the thirteenth
century, and gave their name to a street which
still retains it, as well as it still retains the par-
ticular occupation, and the peculiar reputation,
which the Lombard Jews established for it
The first law against bankrupts ever passed in
England, was against the banking company com-
poeed of these JevrB,aad confined exclusively to
them. It remained in force two hundred yeara^
without any alteration whatever, and was noth-
ing but the application of the law of their own
country to these bankers in the country of their
sojournment— the Italian law, founded upon the
civil law, and called in Italy banco ratto^ bro-
ken bank. It is in direct reference to these
Jews, and this application of the exotic bank-
rupt law to them, that Sir Edward Coke, in his
institutes, takes occasion to say that both the
name and the wickedness of bankruptcy were
of foreign origin, and had been brought into
England from foreign parts. It was enacted
under the reign of one of the most glorious of
the English princes — a reign as much distin-
guished for the beneficence of its dvil adminis-
tration as for the splendor of its military achieve-
ments. This act of itself is a full answer to the
whole objection taken by the senator from Mas-
sachusetts. It shows that, even in England, a
bankrupt law has been confined to a single class
of persons, and that class a banking company.
And here I would be willing to dose my speedi
upon a compromise — a compromise founded in
reason and redprodty, and invested with the
equitable mantle of a mutual concession. It is
this : if we must follow English precedents, let
us foUow them chronologically and orderly.
Let us begin at the beginning, and take them as
they rise. Give me a bankrupt law for two
hundred years against banks and bankers ; and,
after that, make another for merchants and
traders.
The senator from Massachusetts [Mr. Wsb-
btxa] has emphatically demanded, how the
bankrupt power could be fairly exercised by
seizing on corporations and bankers, and ex-
duding all the other usual subjects of bankrupt
laws ? I answer, by following the example of
that England to which he has conducted us ;
by copying the act of the 30th of Edward
in. ; by going back to that reign of heroism,
patriotism, and wisdom 5 that reign in which the
monardi acquired as much glory from his do-
mestic policy as from his foreign conquests ;
that reign in which the acquisition of dyers and
weayers fix>m Flanders, the observance of lavr
and justice, and the encouragement given to ag-
riculture and manufactures, conferred more bene-
fit upon the kingdom, and more gloiy upon the
king, than the splendid yictories of Poictiera^
Aginoourt, and Creasy.
ANNO 1887. MABTIN YAK BUREN, PRESIDENT.
49
But the senator may not be willing to yield
to this example, this case in point, drawn from
his own fountain, and preoisely fip to the exi-
gency <»f the occasion. He may want something
more ; and he shall haTe it. I will now take the
question upon its broadest bottom and fullest
merits. I will go to the question of general
power — ^the point of general authority— exem-
plified by the general practice of the British Par^
liament, for five hundred years^ over the whole
subject of bankruptcy. I will try the question
upon this basis ; and here I lay down the pro-
position, that this fiye hundred years of pariia-
mentary legislation on bankruptcy establishes
the point of Aill authority in the British Parlia-
ment to act as it pleased on the entire subject
of bankruptcies. This is my proposition ; and,
when it is proved, I shall claim from those who
cany me to England for authority, the same
amount of power over the subject which the
British Parliament has been in the habit of ex-
ercising. Now, what is the extent of that
power 9 Happily for me, I, who have to speak,
without any inclination for the task ; still more
happily for those who have to hear ine, perad-
venture without profit or pleasure ; happily for
both parties, my proposition is already proved,
partly by what I hare previously advanced, and
fully by what every senator knows. I have al-
ready shown the practice of Parliament npoa
this subject, that it has altered and changed,
contracted and enlarged, put in and left out,
abolished and created, precisely as it pleased. I
have already shown, in my n^id view of Eng-
lish legislation on tins subject, that the Parlia-
ment exercised plenaiy power and unlimited
authortty over every branch of the bankrupt
question; that it confined the action of the
bankrupt laws to a single class of persons, or
extended it to many classes 3 that it was some-
times ocmfined to foreigners, then applied to nsr
tives, and that now it oompiehends natives^
alliens, denizens, and women ; that at one time
all debtors were subject tp it ; then none but
merchants and traders ; and now, besides mer-
chants and traders, a long list of persons who
have notlung to do with trade ; that at one time
bankruptcy was treated criminally, and its ob-
ject punished aurporeally, while now it is a re-
medial measure for the benefit of the creditors,
and the relief of unfortunate debtors ; and that
the acts of the debtor which may constitute him
Vol. II.— 4
a bankrupt, have been enlarged fitnn three or
four glaring misdeeds, to so long a catalogue of
actions, divided into the heads of innocent and
fraudulent ; constructive and positive ; inten-
tional and unintentional ; voluntary and forced ;
that none but an attorney, with book in hand,
can pretend to enumerate them. All this has
been shown ; and, from all this, it is incontest-
able that Parliament can do just what it pleases
on the subject ; and, therefore, our Congress, if
referred to England for its powers, can do just
what it pleases also. And thus, whether we go
by the words of our own constitation, or by a
particular example in England, or deduce a gen-
eral authority from the general practice of that
country, the result is still the same : we have
authority to limit, if we please, our bankrupt
law to the single class of banks and bankers.
The senator from Massachusetts [Mr. Web-
ster] demands whether bankrupt laws orduta-
rily extend to corporations, meaning moneyed
corporations. I am five to answer that, in point
of fact) they do not But why ? because they
ought not ? or because these corporations have
yet been powerful enough, or fortunate enough,
to keep their necks out of that noose ? Oer^
tamly the latter. It is the power of these mo-
neyed corporations in England, and their good
fortune in our America, which, enabling them to
grasp all advantages on one hand, and to repulse
all penalties on the other, has enabled them to
obtain express statutory exemption from bank-
rupt liabilities in England; and to escape, thus
fiu-, fi^m similar liabilities in the United States.
This, sir, is history, and not invective; it is
fiust, and not assertion $ and I will speedily re-
fresh the senator's memory, and bring him to
recollect why it is, in point of fiict, that bank-
rupt laws do not usually extend to these corpo-
rations. And, first, let us look to England,
that great exemplar, whose evil examples we
are so prompt, whose good ones we are so slow,
to imitate. How stands this question of corpo-
ration unliability there ? By the judicial con-
struction of the statute of Elizabeth, the part-
ners in all incorporated companies were held
subject to the bankrupt law ; and, under this
construction, a commission of bankrupt was
issued against Sir John Wolstenholme, a gen-
tieman of large fortune, who had advanced a sum
of money on an adventure in the East India
Company's trade. The issue of this commission
60
THIRTY TEAES' VIEW.
was affirmed by the Court of Kiog's Bench;
but this happened to take place in the reign
of Charles II. — that reign during which so
little IB found worthy of imitation in the goy-
emment of Great Britain — and inunediately two
acts of Parliament were passed, one to annul
the judgment of the Court of King's Bench in
the case of Sir John Wolstenholme, and the
other to prevent any such judgments from being
given in future. Here are copies of the two
acts:
FIRST ACT, TO ANNUL THE JUDGMENT.
^ Whereas a verdict and judgment was had in
the Easter term of the King's Bench, whereby
Sir John Wolstenholme, kn^ht, and adventurer
in the East India Company, was found liable to
a commission of bankrupt only for, and by rea-
son of, a share which he had in the joint stock
of said company : Now, &c.. Be it enacted, That
the said judgment be reversed, annulled, vacated,
and for naught held," &c
SECOND ACT, TO PREVENT SUCH JUDGMENTS IN
FUTURE.
^ That whereas divers noblemen and gentle-
men, and persons of quality, no ways bred up
to trade, do often put m great stocks of mone^
into the East India and Guinea Company : Be it
enacted, That no persons adventurers for put-
ting in money or merchandise into the said com-
panies, or for venturing or managing the fishing
trade, called the royal fishing trade, shall be re-
puted or taken to be a merchant or trader within
any statutes fi>r bankrupts."
Thus, and for these reasons, were chartered
companies and their members exempted firom
the bankrupt penalties, under the dissolute
reign of Charles n. It was not the power
of the corporations at that time — for the Bank
of England was not then chartered, and the
East India Company had not then conquered
India — ^which occasioned this exemption ; but it
was to &vor the dignified characters who en-
gaged in the trade — ^noblemen, gentlemen, and
persons of quality. But, afterwards, when the
Bank of England had become almost the gov-
ernment of England, and when the East India
Company had acquired the dominions of the
Great Mogul, an act of Parliament expressly
declared that no member of any incorporated
oompany, diarteied by act of Parliament, should
be liable to become bankrupt This act was
passed in the reign of George IV., when the
Wellington ministry was in power, and when
libenl prindples and human rights were at
the last gasp. So much for these oorpon-
tion exemptions in England ; and if the senator
from Massaclnsetts finds any thing in such in-
stances worthy of imitation, let him stand forth
and proclaim it.
But, sir, I am not yet done with my answer
to this question ; do such laws ordinarily extend
to corporations at all ? I answer, most decided-
ly, that they do ! that they apply in England to
all the corporations, except those specially ex-
cepted by the act of George lY. ; and these
are few in number, though great in power
— ^powerful, but few—nothing but units to mj-
riads, compared to those which are not excepted.
The words of that act are : ^ Members o^ or
subscribers to, any incorporated commercial or
trading companies, established by charter act
of Parliament" These words cut off at onoe
the many ten thousand corporations in the
British empire existing by prescription, or in-
corporated by letters patent from the king;
and then they cut off all those even chartered
by act of Parliament which are not commercial
or trading in their nature. This saves but i
few out of the hundreds of thousands of corpo-
rations which abound in England, Scotland,
Wales, and Ireland. It saves, of rather cos-
firms, the exemption of the Bank of England,
which is a trader in money; and it confirms,
also, the exemption of the East India Company,
which is, in contemplation of law at least, a
commercial company ; and it saves or exempts
a few others deriving charters of incorporation
from Parliament; but it leaves subject to the
law the whole wilderness of corporations, of
which there are thousands in London alone,
wluch derive from prescription or letters patent;
and it also leaves subject to the same laws all
the corporations created by charter act of Pa^
liament) which are not commercial or tradiog>
The words of the act are very peculiar— " cha^
ter act of Parliament;" so that corporationB
by a general law, without a special charter act^
are not included in the exemption. This an-
swer, added to what has been previously said,
must be a sufBdent reply to the senator's ques-
tion, whether bankrupt laws ordinarily extend
to corporations ? Sir, out of the myriad of oo^
porations in Great Britain, the bankrupt law
extends to the whole, except some half dosen
or dozen.
So much for the exemption of these corpora'-
ANNO 1887. MARTIN VAN BUREN, PRESIDENT.
51
tioos in England ; now for oar America. We
never had but one bankrupt law in the United
States, and that for the short period of three or
four years. It was passed under the adminis-
tration of the elder Mr. Adams, and repealed
under Mr. Jefferson. It copied the English acts
including among the subjects of bankruptcy,
bankers, brokers, and ftctors. Corporations
were not included ; and it is probable that no
question was raised about them, as, up to that
tune, their number was few, and their conduct
generally good. But, at a later date, the enact-
ment of a bankrupt law was again attempted in
our Congress ; and, at that period, the multipli-
cation and the misconduct of banks presented
them to the minds of many as proper subjects
for the application of the law ; I speak of the
bill of 1827, brought into the Senate, and lost.
That bill, like all previous laws since the time
of George II., was made i^plicable to bankers,
brokers, and factors. A senator from North
Carolina [Mr. Branch] moved to include bank-
ing corporations. The motion was lost, there
being but twelve votes for it ; but in this twelve
there were some whose names must carry weight
to any cause to which they dre attached. The
twelve were, Messrs. Barton, Benton, Branch,
Cobb, Dickerson, Hendricks, Macon, Noble, Ran-
dolph, Reed, Smith of South Carolina, and White.
The whole of the friends of the bill, twenty-one
in number, voted against the proposition, (the
present Chief Magistrate in the number,) and
for the obvious reason, with some, of not encum-
bering the measure they were so anxious to
carry, by putting into it a new and untried pro-
vision. And thus stands our own legislation on
this subject. In point of fiH, then, chartered
corporations have thus far escaped bankrupt
penalties, both in England, and in our America ;
but ought they to continue to escape 1 This is
the question — this the true and important in-
quiry, which is now to occupy the public mind.
The senator tcom Massachusetts [Mr. Web-
ster] says the object of bankrupt laws has no
relation to currency ', that their object is sim-
ply to distribute the effects of insolvent debtors
among their creditors. So says the senator, but
what says history ? What says the practice of
Great Britain 1 I will show you what it says,
and for that purpose will read a passage from
McCulloch's notes on Smith's Wealth of Nations.
He says :
«In 1814-'15, and '16, no fewer than 240
country banks stopped payment, and ninety-two
commissions of bankruptcy were issued against
these establishments, being at the rate of one
commission against every seven and a half of
the total number of country banks ezistine in
1813." ^
Two hundred and forty stopped payment at
one dash, and ninety-two subjected to commis-
sions of bankruptcy. They were not indeed
chartered banks, for there are none such in Eng-
land, except the Bank of England ; but they
were legalized establishments, existing under the
first joint-stock bank act of 1708 ; and they were
banks of issue. Tet they were subjected to the
bankrupt laws, ninety-two of them in a single
season of bank catalepsy ; their broken ^ prom-
ises to pay " were taken out of circulation ; their
doors closed ; their directors and officers turned
out ; their whole effects, real and personal, their
money, debts, books, paper, and every thing, put
into the hands of assignees ; and to these as-
signees, the holders of theur notes forwarded
their demands, and were paid, every one in
equal proportion — as the debts of the bank were
collected, and its effects converted into money ;
and this without expense or trouble to any one
of them. Ninety-two banks in England shared
this fate in a single season of bank mortality ;
five hundred more could be enumerated in other
seasons, many of them superior in real capital,
credit, and circulation, to our fiunous chartered
banks, most of which are banks of moonshine^
built upon each other's paper ; and the whole
ready to fly sky-high the moment any one of
the concern becomes sufficiently inflated to
burst The immediate effect of this application
of the bankrupt laws to banks in England, is
two-fold: first) to save the general currency
frtnn depreciation, by stopping the issue and
circulation of irredeemable notes ; secondly, to
do equal justice to all creditors, hig^ and low,
rich and poor, present and absent, the widow
and the orphan, as well as the cunning and the
powerful, by distributing their effects in propor-
tionate amounts to all who hold demands. This
is the operation of bankrupt laws upon banks in
England, and all over the British empire ; and it
happens to be the precise check upon the issue
of broken bank paper, and the precise reme<^
for the injured holders of their dishonored paper
which the President recommends. Here is his
recommendation, liBten to it :
62
THmxr YEARS' VIEW.
" In the mean time, it is our duty to proTide
ftU the remedies against a depreciated paper cur-
rency which the constitution enables us to af-
ford. The Treasury Department on seyeral
former occasions, has suggested the propriety
and hnportanoe of a uniform law concerning
bankruptcies of corporations and other bankers.
Through the instrumentality of such a law, a
saluta^ check may doubtless be imposed on the
issues of paper money, and an effectual remedy
given to the citizen, in a way at once equal in
all parts of the Union, and fiilly authorized by
the constitution."
The senator from Massachusetts says he
would not, intentionally, do injustice to the mes-
sage or its author ; and doubtless he is not con-
scions of violatmg that benevolent determina-
tion ; but here is injustice, both to the message
and to its author ; injustice in not quoting the
message as it is, and showing that it proposes a
remedy to the dlizen, as well as a chedc upon
insolyent issues ; injustice to the author in de-
nying that the object of bankrupt laws has any
reUtion to currency, when history shows that
these laws are the actual instrument for regula-
ting and purifying the whole local paper curren-
cy of the entire British empire, and saying that
country from the frmids, losses, impositions,
and demoralization of an irredeemable paper
money.
The senator from Massachusetts says the ob-
ject of bankrupt laws has no relation to curren-
cy. If he means hard-money currency, I agree
with him; but if he means bank notes, as I am
sure he does, then I point him to the British
bankrupt code, which applies to every bank of
iasne in the British empire, except the Bank of
England itself and the few others, four or five
In number, which are incorporated by charter
acts. All the joint^tock banks, all the private
banks, all the bankers of England, Scothnd,
Wales, and Ireland, are subject to the law of
bankruptcy. Many of these establishments are
of great capital and credit ; some having hun-
dreds, or even thousands of partners; andmany
of them having ten, or twenty, or thirty, and
aome even forty branches. They are afanost the
ezdnsive fhmishers of the local and common
bank note currency ; the Bank of England notes
being chiefly used in the great cities lor large
mevoantile and Government payments. These
Joint«toek banks, private companies, and indi-
▼idoal bankers are, practically, in the British
empire what the local banks are in the United
States. They perform the same fhnctions, and
differ in name only; not in substance nor in
conduct. They have no charters, but they have
a legalized existence ; they are not corporations,
but they are allowed by law to act in a body;
they funiish the actual paper currency of the
great body of the people of the British empire,
as much so as our local banks furnish the mass
of paper currency to the people of the United
States. They have had twenty-four millions
sterling (one hundred and twenty millions of
dollars) in circulation at one time ; a sum near-
ly equal to the greatest issue ever known in the
United States; and more than equal to the whole
bank-note circulation of the present day. They
are all subject to the law of bankruptcy, and
their twenty-four millions sterling of currency
along with them; and five hundred of them
have been, shut up and wound up under com-
missions of bankruptcy in the last forty years ;
and yet the senator frt)m Massachusetts informs
us that the object of bankrupt laws has no rela-
tion to currency!
But it IB not necessary to go all the way to
England to find bankrupt laws having relation
to currency. The act passed in our own coun-
try, about forty years ago, applied to bankers ;
the bill brought into the House of Bepresenta-
tives, about fifteen years ago, by a gentleman
then, and now, a representative from the dty
of Philadelphia, [Mr. Sxbgeamt,] also applied
to bankers ; and the bill brought into this Sen-
ate, ten years ago, by a senator fixmi South
Carolina, not now a member of this body,
[Qeneral Hatn£,] still applied to bankers.
These bankers, of whom there were many in the
United States, and of whom Girard, in the
East, and Teatman and Woods, in the West,
were the most considerable — these bankers all
issued paper money ; they all issued currency.
The act, then, of 1798, if it had continued in
foroe^ or the two bills just referred to, if they
had become law, would have operated upon
these bankers and iheir banks— would have
stopped their issues, and put their establish-
ments into the hands of assignees, and distrib-
uted their effects among their creditors. Thig,
certainly, would have been having some rela-
tion to currency: so that, even with our limited
essays towards a bankrupt system, we haye
scaled the outworks of the banking empire ; we
have laid hold of bankers, but not ai banks
ANNO 188Y. MASTDT VAN BUREN, PBEBIDEMT.
63
we haye readied the bank of Girard, but not
the Qirard Bank ; we haye applied our law to
the bank of Teatman and WoodB, bnt not to
the rabble of pettj corporations which hare not
the tithe of their capital and credit We have
gone as far as bankers, but not as fiur as banks ;
and now give me a reason for the difference.
Give me a reason why the act of 1798, the bill
of Mr. Sesozaht, in 1821, and the bill of Gen-
eral HiTNE, in 1827, should not include banks
as well as bankers. They both peiferm the
same ftmction — that of issuing paper currency.
They both inTolye the same mischief when
they stop payment— -that of afflicting the 'coun-
try with a circulation of irredeemable and de-
preciated paper money. They are both culpa-
ble in the same mode, and in the same degree ;
for they are both violators of their ^ promises
to pay." They both exact a general credit
from the community, and they both abuse that
credit They both have creditors, and they
both have effects f and these creditors have as
much ri^t to a pro Tata distribution of the
effects in one case as in the other. Why, then,
a distinction in favor of the bank ? Is it be-
cause corporate bodies are superior to natural
bodies? because artificial beings are superior
to natural beings ? or, rather, is it not because
corporations are assemblages of men ; and as-
semblages are more powerful than smgle men ;
and, thereibre, these corporations, in addition
to all their vast privileges, are also to have tfie
privilege (^ benig bankrupt, and afHicting the
country with the evils of bankruptcy, without
themselves bmg subjected to the laws of bank-
ruptcy? Be this as it may — be the cause what
it will — ^the decree has gone forth fbr the deci-
sion of the question — ^for the trial of the issue
— for the verdict and judgment upon the claim
of the banks. They have many privileges and
exemptions now, and they have the benefit of
all laws against the community. They pay no
taxes ; the property of the stockholders is not
liable for their debts ; they sue their debtors,
sell their property, and put their bodies in jaiL
They have the privilege (^ stamping paper
money \ the privil^e of taking interest upon
double, treble, and quadruple their actual
money. They put up and put down the price
of property, labor, and produce, as they please.
They have the monopoly of making the actual
oarrenc^. They are strong enough to suppress
the constitutional money, and to force their
own paper upon the oommtmity, and then to
redeem it or not, as they please. And is it to
be tolerated, that^ in addition to aU these priv-
ileges, and all tiiese powers, they are to be
exempted firom the law of bankruptcy? the
only law of which they are afirud, and the only
one which can protect the country against
their insolvent issues, and give a fair chance for
payment to the numerous holders of their vio-
lated ^ promises to pay I "
I have discussed, Mr. President, the right of
Congress to apply a bankrupt law to banking
corporations ; I have discussed it on the words
of our own constitution, on the practice of
England, and on the general authority of Par-
liament; and on each and every ground, as I
fliUy believe, vindicated our right to pass the
law. The right is clear ; the expediency is mani-
fest and glaring. Of all the objects upon the
earth, banks of circulation are the fittest sub-
jects of bankrupt laws. They act in secret^
and they exact a general credit Nobody
knows their means, yet every body must trust
them. They send their " promises to pay " fer
and near. They push them into every body's
hands ; they make them small to go into small
hands — into the hands of the laborer, the
widow, the helpless, the ignorant Suddenly
the bank stops payment; all these helpless
h<dders of their notes are without pay, and
without remedy. A few on the spot get a lit-
tle ; those at a distance get nothing. For each
to sue, is a vexatious and a losing business.
The only adequate remedy — the only one that
promises any justice to the body of the com-
munity, and the helpless holders of small notes
— ^is the bankrupt remedy of assignees to dis-
tribute the effects. This makes the real effects
available. When a bank stops, it has littie or
no specie ; but it has, or ought to have, a good
mass of solvent debts. At present, all these
debts are unavailable to the community — ^they
go to a few large and &vored creditors; aiKl
those who are most in need get nothing. But
a stronger view remains to be taken of these
debts : the mass of them are due from the own-
ers and managers of the banks — firom the pres-
idents, directors, cashiers, stockholders, attor-
neys; and these people do not make them-
selves pay. They do not sue themselves, nor
protest themselves. They sue and protest
54
THIRTY YEARS' VIEW.
others, and sell out their property, and put
their bodies in jail; but, as for themselyes,
who are the main debtors, it is another afbir !
They take their time, and usually wait till the
notes are heayily depreciated, and then square
off with a few cents in the dollar ! A commis-
sion of bankruptcy is the remedy for this evil ;
assignees of the effects of the bank are the per^
sons to make these owners, and managers, and
chief debtors to the institutions, pay up. Un-
der the bankrupt law, every holder of a note,
no matter how small in amount, nor how dis-
tant the holder may reside, on forwarding the
note to the assignees, will receive his ratable
proportion of the bank's effects, without ex*^
pense, and without trouble to himself. It is a
most potent, a most proper, and most constitu-
tional remedy against delinquent banks. It is
an equitable and a brave remedy. It does
honor to the President who recommended it,
and is worthy of the successor of Jackson.
Senators upon this floor have ventured the
expression of an opinion that there can be no
resumption of specie payments in this country
until a national bank shall be established, mean-
ing, all the while, until the present miscalled
Bank of the United States shall be rechartered.
Such an opinion is humiliating to this govern-
ment, and a reproach upon the memory of its
founders. It is tantamount to a declaration
that the government, framed by the heroes and
sages of the Revolution, is incapable of self-
preservation $ that it is a miserable image of
imbecility, and must take refiige in the embraces
of a moneyed corporation, to enable it to sur-
vive its infirmities. The humiliation of such a
thought should expel it from the imagination
of every patriotic mind. Nothing but a dire
necessity — a last, a sole, an ionly alternative —
should bring this government to the thought
of leaning upon any extraneous aid. But here
is no necessity, no reason, no pretext, no excuse,
no apology, for resorting to collateral aid ; and,
above all, to the aid of a master in the shape
of a national bank. The granted powers of the
government are adequate to the coercion of all
the banks. As banks, the federal government
has no direct authority over them ; but as bank-
rupts, it has them in its own hands. It can
pass bankrupt laws for these delinquent insti-
tutions. It can pass such laws either with or
without including merchants and traders ; and
the day for such law to take effect, will be the
day for the resumption of specie payments by
every solvent bank, and the day for the extinc-
tion of the abused privileges of every insolvent
one. So far from requiring the impotent aid
of the miscalled Bank of the United States to
effect a resumption, that institution will be un-
able to prevent a resumption. Its veto power
over other banks will cease ; and it will itself
be compelled to resume specie payment, or die !
Besides these great objects to be attained by
the application of a buikrupt law to banking
corporations, there are other great purposes to
be accomplished, and some most sacred duties
to be fulfilled, by the same means. Our con-
stitution contains three most vital prohibitions,
of which the federal government is the guardian
and the guarantee, and which are now publicly
trodden under foot. No State shall emit bills
of credit ; no State shaU make any thing but
gold and silver coin a tender in payment of
debts; no State shall pass any law impairing
the obligation of contracts. No State shall do
these things. So says the constitution under
which we live, and which it is the duty of
every citizen to protect, preserve, and defend.
But a new power has sprung up among us, and
has annulled the whole of these prohibitions.
That new power is the oligarchy of banks. It
has filled the whole land with bills of credit ;
for it is admitted on all hands that bank notes,
nt)t convertible into specie, are bills of credit.
It has suppressed the constitutional currency,
and made depreciated paper money a forced
tender in payment of every debt It has vio-
lated all its own contracts, and compelled all
individuals, and the federal government and
State governments, to violate theirs; and has
obtained from sovereign States an express sanc-
tion, or a silent acquiescence, in this double
violation of sacred obligations, and in this
triple annulment of constitutional prohibitions.
It is our duty .to bring, or to try to bring, this
new power under subordination to the laws
and the government It is our duty to go to
the succor of the constitution — ^to rescue, if pos-
sible, these prohibitions from daUy, and public,
and permanent infraction. The application of the
bankrupt law to this new power, is the way to
effect this rescue — ^the way to cause these vital
prohibitions to be respected and observed, and
to do it in a way to prevent collisions between
ANNO 1887. MARTIN VAN BUBEN, PRESIDENT.
55
the States and the federal goyemment The
prohibitions are upon the States; it is they
who are not to do these things, and, of course,
are not to authoidxe others to do what they
cannot do themselyee. The banks are their
delegates in this three-fold yiolation of the
constitution ; and, in. proceeding against these
delegates, we ayoid collision with the States.
Mr. President, eyery form of goyemment has
something in it to excite the pride, and to
rouse the deyotion, of its citizens. In monar-
diies, it is the authority of the king; in repub-
lics, it is the sanctity of the laws. The loyal
subject makes it the point of honor to obey the
king ; the patriot republican makes it his glory
to obey the laws. We are a republic We haye
bad illustrious dtixens, conquering generals, and
yictorious armies ; but no citixen, no general, no
army, has undertaken to dethrone the laws and
to reign in their stead. This parricidal work
has been reseryed for an oligarchy of banks 1
Three times, in thrice seyen years, this oligarchy
has dethroned the law, and reigned in its phioe.
Since May last, it has held the soyere^ sway,
and has not yet youchsafed to indicate the day
of its yoluntary abdication. The Roman mili-
tary dictators usually fixed a term to their
dictatorships. I speak of the usurpers, not of
the constitutional dictators for ten days. These
usurpers usually indicated a time at which
usurpation should cease, and law and order
again preyail. Not so with this new power
^^ch now lords it oyer our America. They fix
no day ; they limit no time ; they indicate no
period for their yoluntary descent from power,
and for their yoluntary return to submission to
the laws. They could agree in the twinkling of
an eye — at the drop of a hat — at the crook of a
finger — ^to usurp the soyereign power; they
cannot agree, in four months, to relinquish it
They profess to be willing, but cannot agree upon
the time. Let us perform that seryice for them.
Let us name a day. Let us fix it in a bankrupt
law. Let us pass that law, and fix a day for it
to take effect; and that day will be the day for
the resumption of specie payments, or for the
trial of the question of permanent supremacy
between the oligarchy of banks, and the consti-
tutional goyemment of the people.
We are called upon to haye mercy upon the
banks ; the prayer should rather be to them, to
haye mercy upon the goyemment and the peo-
ple. Since May last the ex-deposit banks alone
haye forced twenty-fiye millions .of depreciated
ptuper through the federal goyemment upon its
debtors and the States, at a loss of at least two
and a half millions to the reeeiyers, and a gun
of an equal amount to the payers. The thou-
sand banks haye the country and the goyem-
ment under their feet at this moment, owing to
the community upwards of an hundred millions
of dollars, of whieh they will pay nothing, not
eyen ninepenoes, picayunes, and coppers. Meta-
phorically, if not literally, they giye their credi-
tors more kicks than coppers. It is for them to
haye mercy on us. But what is the conduct of
goyemment towards these banks ? £yen at this
session, with all their past conduct unatoned for,
we haye passed a relief bill for their benefit— a
bill to defer the collection of the large balance
which they still owe the goyemment. But
there is mercy due in another quarter — ^upon the
people, sufiering from the use of irredeemable
and depreciated paper— upon the goyemment,
reduced to bankraptcy — upon the charactei; of
the country, sufiering in the eyes of Europe —
upon the character of republican goyemment^
brought into question by the successful usurpa-
tion of these institutions. This last point is the
sorest Gentlemen speak of the failure of ex-
periments— ^the failure of the specie experiment,
as it is called by those who belieye that paper is
the ancient and uniyersal money of the world ;
and that the use of a little specie for the first
time is not to be attempted. They dwell upon the
supposed failure of ^ the experiment ; " while all
the monarchists of Europe are rejoicing in the
failure of the experiment of republican goyem-
ment, at seeing this goyemment, the last hope
of the liberal world, struck and paralyzed by an
oligarchy of banks — seized by the throat, throt-
tled and held as a tiger would hold a babe-
stripped of its reyenues, bankrapted, and sub-
jected to the degradation of becoming their en-
gine to force their depreciated paper upon help-
less creditors. Here is the place for mercy —
upon the people — upon the goyemment — ^upon
the character of the country — ^upon the charao>
ter of republican goyemment
The apostle of republicanism, Mr. Jefferson,
has left it as a political legacy to the people of
the United States, neyer to suffer their goyem-
ment to fall under the control of any unauthor-
ized, irresponsible, or self-created institutions or
56
THIRTY TEABS^ VIEW.
bodies whatsoever. His allaskm was to the
Bank of the United States, and its notorions
machinations to govern the elections, and get
command of the government ; but his admoni-
tion applies with equal force to aU other similar
or affiliated institutions ; and, since May last, it
applies to the whole league of banks which then
^ shut up the Treasury," and reduced the gov-
ernment to helpless dependence.
It is said that bankruptcy is a severe remedy
to apply to banks. It may be answered that it
is not more severe here than in England, where
it applies to all banks of issue, except the Bank
of England, and a few others ; and it is not more
severe to them than it is to merchants and tra-
ders, and to bankers and brokers, and all unin-
corporated banks. Personally, I was disposed
to make lai^ allowances for the conduct of the
banks. Our own improvidence tempted them
into an expansion of near forty millions, in 1835
and 1836, by givmg them the national doniain
to bank upon ; a temptation which they had not
the fortitude to resist, and which expanded them
to near the bursting point. Then they were
driven almost to a choice of bankruptcy between
themselves and their debtors, by the act which
required near forty millions to be distributed in
masses, and at brief intervals, among the States.
Some failures were inevitable under these
drcumstanoes, and I was disposed to make lib-
eral allowances for them ; but there are three
things for which the banks have no excuse, and
which should forever weigh against their claims
to &vor and confidence. TheBe things are, first,
the political aspect which the general suspen-
sion of payment was permitted to assume, and
which it still wears ; secondly, the issue and use
of shinplasters, and refusal to pay silver change,
when there are eighty millions of ^)ecie in the
country; thirdly, the refusal, by the deposit
banks to pay out the sums which had been
severed from the Treasury, and stood in the
names of disbursing ofiScers, and was actually
due to those who were performing work and
labor, and rendering daily services to the gov-
ernment For these three things there is no
excuse ; and, while memory retains their recol-
lection, there can be no confidence in those who
have done them.
CHAPTER XV.
DIYOBOE OF BAim AND STATE: MS. BENTOITS
SPEECH.
The bill is to divorce the government fix>m the
banks, ot rather is to declare the divorce, for
the separation has already taken place by the
operation of law and by the delinquency of the
banks. The bill is to declare the divorce ; the
amendment is to exclude their notes from reve-
nue payments, not all at once, but gradually,
and to be accomplished by the 1st day of Janu-
ary, 1841. Until then the notes of specie-pay-
ing banks may be received, duninishing one-
fourth annually; and alter that day, all pay-
ments to and from the federal government are
to be made in hard money. Until that day, pay-
ments from the United States will be govemed
by existing laws. The amendment does not
affect the Post Office department until January,
1841 ; until then, the fiscal operati<Hi8 of that
Department remidn under the present laws;
after that day they &11 under the principle of
the bill, and all payments to and from that de-
partment will be made in hard money. The
effect of the whole amendment will be to restore
the currency of the constitution to the federal
government — ^to re-establish the great acts of
1789 and of 1800— declaring that the revenues
should be collected in gold and silver coin only ;
those early statutes which were enacted by the
hard money men who made the constitutiOD,
who had seen and felt the evils of that paper mo-
ney, and intended to guard against these evils
in future by creating, not a paper, but a hard-
money government.
I am for this restoration. I am for restoring
to the federal treasury the currency of the con-
stitution. I am for carrying back this govern-
ment to the solidity projected by its founders.
This is a great object in itself—- a reform of the
first magnitude— « reformation with healing on
its wings, bringing safety to the government and
blessings to the people. The currency is a thing
which reaches every individual, and every insti-
tution. From the government to the washer^
woman, all are reached by it, and all concerned
in it ; and, what seems parodoxical, all are con-
cerned to the same degree; for all are con-
ANNO 18B7. HAKTDT YAN BUREN, PRESIDENT.
57
eenied to the whole extent of thdr proper^ ind
doftlingB ; and all is all, whether it be miKh or
little. The goyemment with its many ten mil-
lioDB of revenue, suffers no more in proportion
than the homble and meritorioos laborer who
works from son to son for the shillings whidi
give food and raiment to his fionily. The fede-
ral goTemment has deteriorated the correncj,
and carried mischief to the whole commnnitj,
and lost its own rerenoes, and subjected itsdf
to be trampled upon by corporations^ by depart-
mg from the constitution, and converting this
government from a hard-money to a paper mo-
ney government The object of the amendment
and the bill is to reform these abuses, and it is
a reform worthy to be called a reformation —
worthy to engage the labor of patriots — ^worthy
to unite the exertions of different parties — ^wor-
thy to fix the attention of the age — ^worthy to
excite the hopes of the people, and to invoke
upon its success the blessings of heaven.
Great are the evils, — political, peenniary, and
moral,, — which have flowed from this departure
from our constitution. Through the federal
government alone— through it, not by it — ^two
millions and a half of mon^ have been lost in
the last four months. Thirty-two millions of
public money was the amount in the deposit
banks when they stopped payment ; of this sum
twenty-five millions have been paid over to gov-
ernment creditors, or transferred to the States.
But how paid, and how transferred ? In what ?
In real money, or its equivalent? Not at all !
But in the notes of suspended banks — ^in notes
depredated, on an average, ten per cent Here
then were two and a half millions lost Who
bore the loss? The public creditors and the
States. Who gained it ? for where there is a
loss to one, there must be a gain to another.
Who gained the two and a half millions, thus
sunk upon the hands of the creditors and the
States? The banks were the gainers; they
gained it ; the public creditors and the States
lost it ; and to the creditors it was a forced loss.
It is in vain to say that they consented to take
it They had no alternative. It was that or
nothing. The banks forced it upon the govern-
meat ; the government forced it upon the credi-
tor. Consent was out of the question. Power
ruled, and that power was in the banks ; and
they gained the two and a half millions which
the States and the puhUe creditors lost
I do not pretend to estimate the moneyed
losses, direct and indirect, to the government
alone, from the use of IogkI bank notes in the
last twenty-five years, including the war, and
covering three general suspensions. Leaving
the people out of view, as a field of losses be-
yond calculation, I confine myself to the federal
government, and say, its losses have been enoi^
mous, prodigious, and incalculable. We have
had three general stoppages of the local banks
in the short space of twenty-two years. It is
at the average rate of one in seven years ; and
who is to guaranty us from another, and ftxnn
the consequent losses, if we continue to receive
their bills in payment of public dues? Another
stoppage must come, and that, reasoning from
all analogies, in less than seven years after the
resumption. Many must perish in the attempt
to resume, and would do better to wind up at
once, without attempting to go on, without ade*
quate means, and against appalling obstacles.
Another revulsion must come. Thus it was
after the last resumption. The banks recom-
menced payments in 1817 — in two years, the
feilures were more disastrous than ever. Thus
it was in England after the long suspension of
twenty-six years. Payments recommenced in
182d— in 1825 the most desolating crash of
banks took place which had ever been known
in the kingdom, although the Bank of England
had imported, in less than four years, twcn^
millions sterling in gold, — about one hundred
millions of dollars, to recommence upon. Its
effects reached this country, crushed the cotton
houses in New Orleans, depressed the money
market, and iigured all business.
The senators from New Toric and Virginia
(Messrs. Tallmadge and Rives) push this point
of confidence a little fiirther ; they address a
question to me, and ask if I would lose confi-
dence in all steamboats, and have them all dis-
carded, if one or two blew up in the Mississippi 1
I answer the question in all frankness, and say,
that I should not But if^ instead of one or two
in the Mississippi, all the steamboats in the
Union should blow up at once — ^in every creek,
river and bay— while all the passengers were
sleeping in confidence, and the pUots crying out
all is well ; if the whole should blow up from
one end of the Union to the other just as fast as
they could hear each other's explosions ; then,
indeed, I should lose confidence in them, and
58
THIRTY YEARS' VIEW.
neyer ag&in trust wife, or child, or mj own foot,
or anj thing not intended for destruction, on
board such sympathetic and contagious engines
of death. I answer further, and tell the gentle-
men, that if only one or two banks had stopped
last May in New York, I should not have lost
all confidence in the remaining nine hundred
and ninety-nine; but when the whole thou-
sand stopped at once ; tumbled down together —
fell in a lump — lie there— and when ONE of
their number, by a sign with the little finger,
can make the whole lie still, then, indeed, confi-
dence is gone ! And this is the case with the
banks. They have not only stopped altogether,
but In a season of profound peace, with eighty
millions of specie in the country, and just after
the annual examinations by commissioners and
legislative committees, and when all was re-
ported welL With eighty millions in the coun-
try, they stop even for change ! It did not take
a national calamity — a war — ^to stop them !
They fell in time of peace and prosperity ! We
read of people in the West Indies, and in South
America, who rebuild their cities on the same
spot where earthquakes had overthrown them ;
we are astonished at their fatuity ; we wonder
that they will build again on the same perilous
foundations. But these people have a reason
for their conduct ; it is, that their cities are only
destroyed by earthquakes ; it takes an earth-
quake to destroy them ; and when there is no
earthquake, they are safe. But suppose their
cities fell down without any ^commotion in the
earth, or the air — fell in a season of perfect
calm and serenity — and after that the survivors
should go to building again in the same place ;
would not all the world say that they were de-
mented, and were doomed to destruction ? So
of the government of the United States by these
banks. If it continues to use them, and to re-
ceive their notes for revenue, after what has
happened, and in the face of what now exists,
it argues fatuity, and a doom to destruction.
Resume when they will, or when they shall,
and the longer it is delayed the worse for them-
Mlves, the epoch of resumption is to be a peril-
ous crisis to many. This stopping and resuming
by banks, is the realization of the poetical de-
scription of the descent into hell, and the return
from it Facilis descensus Avemi—sed revo-
care gradum — hie opus^ hie labor est Easy
ig the descent into the regions below, but to re-
turn ! thiB is work, this is labor indeed ! Our
banks have made the descent ; they haVe gone
down with ease ; but to return — ^to ascend the
rugged steps, and behold again the light above,
how many will felter, and fall back into the
gloomy r^ons below.
Banks of circulation are banks of hazard and
of failure. It is an incident of their nature.
Those without circulation rarely &iL That of
Venice has stood seven hundred years ; those of
Hambui^h, Amsterdam, and others, have stood
for centuries. The Bank of England, the great
mother of banks of circulation, besides an actual
stoppage of a quarter of a century, has had her
crisis and convulsion in average periods of seven
or eight years, for the last half century — in
1783, '93, '97, 1814, '19, '25, '3(>-and has only
been saved from repeated failure by the power-
ful support of the British government, and pro-
fuse supplies of exchequer bills. Her numerous
progeny of private and joint stock banks of cir-
culation have had the same convulsions; and
not being supported by the government, have
sunk by hundreds at a time. All the banks of
the United States are banks of circulation ; they
are all subject to the inherent dangers of that
class of banks, and are, besides, subject to new
dangers peculiar to themselves. From the
quantity of their stock held by foreigners, the
quantity of other stocks in their hands, and the
current foreign balance against the United
States, our paper system has become an ap-
pendage to that of England. As such, it suffers
from sympathy when the English system sufiers.
In addition to this, a new doctrine is now
broached — ^that our first duty is to foreigners !
and, upon this principle, when the banks of the
two countries are in peril, ours are to be sacri-
ficed to save those of England !
The power of a few banks over the whole,
presents a new feature of danger in our system.
It consolidates the bonks of the whole Union
into one mass, and subjects them to one fate,
and that fate to be decided by a few, without
even the knowledge of the rest. An unknown
divan of bankers sends forth an edict which
sweeps over the empire, crosses the lines of
States with the facility of a Turkish firman,
prostrating all State institutions, breaking up
all engagements, and levelling all law before it.
This iB consolidation of a kind which the genius
of Patrick Henry had not even conceived. But
ANNO 18». MARTIN VAN BUSKN, PRBBIDENT.
69
whOe this firman is thus potent uid irresistible
for prostmtion, it is impotent and powerless for
resurrection. It goes out in yain, bidding the
prostrate banks to rise. A i?eto power intervenes.
One Toioe is sufficient to keep all down ; and thus
we have seen one word from Philadelphia an-
nihilate the New York proposition for resump-
tion, and condemn the many solvent banks to
the continuation of a condition as mortifying to
their feelings as it is injurious to their future
interests.
Again, from the mode of doing business among
our banks — ^using each other's paper to bank
upon, instead of holding each other to we^j
settlements, and liquidation of balances in specie,
and from the fatal practice of issuing notes at
one place, payable at another— our banks have
all become links of one chain, the streng^th of the
whole being dependent on the strength of each.
A few govern all. Whether it is to &i], or to
resume, the few govern ; and not only the few,
but the weak. A few weak banks &il ; a panic
ensues, and the rest shut up ; many strong ones
are ready to resume; the weak are not ready,
and the strong must wait. Thus the principles
of safety, and the rules of government, are re-
versed. The weak govern the strong ; the bad
govern the good ; and the insolvent govern the
solvent This is our system, if system it can be
called, which has no feature of consistency, no
principle of safety, and which is nothing but the
floating appendage of a foreign and overpower-
ing system.
The federal government and its creditors have
suffered great pecuniaiy losses from the use of
these banks and their paper; they must con-
tinue to sustain such losses if they continue to
use such depositories and to receive such paper.
The pecuniary losses have been, now are, and
must be hereafter great ; but, great as they have
been, now are, and may be hereafter, all that
loss is nothing compared to the political dangers
which flow from the same source. These dan-
gers affect the life of the government They go
to its existence. They involve anarchy, con-
fusion, violence, dissolution! They go to
deprive the government of support — of the
means of living; they strip it in an instant of
every shilling of revenue, and leave it penniless,
helpless, lifeless. The late stoppage might have
broken up the government, had it not been for
the fidelity and affection of the people to their in-
Btitutions and the eighty millions of specie which
General Jackson had accumulated in the coun-
try. That stoppage presented a peculiar feature
of peril which has not been brought to the
notice of the public; it was the stoppage of the
sums standing in the names of disbursing
officers, and wanted for daily payments in all
the branches of the public service. These sums
amounted to about five millions of dollars.
They had been dravm from the Treasury, they
were no longer standing to the credit of the
United States ; they had gone into the hands of
innumerable officers and agents, in all parts of
the Union, and were temporarily, and for mere
safe-keeping from day to day, lodged with these
deposit banks, to be incessantly paid out to
those who were doing work and labor, perform-
ing contracts, or rendering service, civil or mili-
tary, to the country. These five millions were
stopped with the rest ! In an instant, as if by
enchantment, every disbursing officer, in every
part of the Union, was stripped of the money
which he was going to pay out ! All officers of
the government, high and low, the whole army
and navy, all the laborers and contractors, post
offices and all, were suddenly, instantaneously,
left without pay; and consequentiy without sub-
sistence. It was tantamount to a disbandment
of the entire government It was like a decree
for the dissolution of the body politic It was
celebrated as a victory— as a conquest — as a
triumph, over the government The least that
was expected was an immediate civil revolution
— ^the overthrow of the democratic party, the
change of administration, the reascension of the
federal party to power, and the re-establishment
of the condemned Bank of the United States.
These consequences were counted upon; and
that they did not happen was solely owing to
the eighty millions of hard money which kept
up a standard of value in the country, and pre-
vented the dishonored bank notes fr^m sinking
too low f.0 be used by the community. But it is
not merely stoppage of the banks that we have
to fear : collisions with the States may ensue.
State legislatures may sanction the stoppage,
withhold the poor right of suing, and thus in-
terpose their authority between the federal
government and its revenues. This has already
happened, not in hostility to the government,
but in protection of themselves ; and the conse-
quence was the same as if the intention had been
hostile. It was interposition between the
federal government and its depositories ; it waa
60
TEURTT YEAB8' VIEW.
deprtyation of revenue $ it was an act the lecmr-
renoe of which should be carefiillj guarded
against in future.
This is what we have seen; this is a danger
which we have just escaped ; and if these banks
shall be continued as depositories of public
money, or, wliich is just the same thing, if the
government shall continue to receive their
" paper prcmiises to pay," the same danger may
be seen again, and under &r more critical dr-
cumstances. A similar stoppage of the banks
may take place again — ^will inevitably take
place again — and it may be when there is little
specie in the country, or when war prevails. All
history is full of examples of armies and navies
revolting for want of pay ; all history is full of
examples of military and naval operations mis-
carried for want of money ; all histoiy is full of in-
stances of governments overturned from deficits
of revenue and derangements of finances. And
are we to expose ourselves recklessly, and with
our eyes open, to such dangers ? And are we to
stake the life and death of this government upon
the hazards and contingencies of banking — and
of such banking as exists in these United States 1
Are we to subject the existence of this govern-
ment to the stoppages of the banks, whether
those stoppages result from misfortune, impro-
vidence, or bad futh? Are we to subject this
great and glorious political fabric, the work of
so many wise and patriotic heads, to be de-
molished in an instant, and by an unseen hand?
Are we to suffer the machinery and the work-
ing of our boasted constitution to be arrested
by a spring-catch, applied in the dark? Are
men, with pens sticking behind their ears, to be
allowed to put an end to this republic ? No,
sir ! never. If we are to perish prematurely, let
us at least have a death worthy of a great
nation ; let us at least have a field covered with
the bodies of heroes and of patriots, and conse-
crated forever to the memory of a subverted
empire. Rome had her Pharsaiia — Greece her
Ghseronea — and many barbarian kingdoms have
given immortality to the spot on which they
expired ; and shall this great republic be sub-
jected to extinction on the contingencies of trade
and banking?
But what excuse, what apology, what justi-
fication have we for surrendering, abandoning,
and losing the precise advantage for which the
present constitution was formed? What was
that advantage — ^what the leading and govern-
ing object, which led to the abandonment of the
old confederation, and induced the adoption of
the present form of government ? It was reve*
nuel independent revenue! a revenue under
the absolute control of this govonment, and
free firom the action of the States. This was
the motive — ^the leading and the governing mo-
tive— which led to the formation of this govenir
ment. The reason was, that the old confedera-
tion, being dependent upon the States, was
often left without money. This state of being
was incompatible with its existence ; it deprived
it of all power; its imbecility was a proverb.
To extricate it from that condition was the de-
sign—and the cardinal design — of the new con-
stitution. An independent revenue was given
to it— independent, even, of the States. Is it
not suicidal to surrender that independence^
and to surrender it, not to States, but to money
corporations ? What does history record of th^
penury and moneyed destitution of the old con-
federation, comparable to the annihilation of the
revenues of this government in May last ? whm
the banks shut down, in one night, upon a rev-
enue, in hand, of thirty-two millions; even
upon that which was in the names of disbursing
officers, and refuse a nine-pence, or a picaillon
in money, from that day to this? What is
there in the history of the old oonfederation
comparable to this? The old confederation
was often reduced low— often near empty-
handed— but never saw itself stripped in an
instant, as if by enchantment, of tens of mil-
lions, and heard the shout of triumph thun-
dered over its head, and the notes of exultation
sung over its supposed destruction 1 Yet, this
is what we have seen— what we now see— from
having surrendered to corporations our moneyed
independence, and unwisely abandoned the pre-
cise advantage which led to the formation of thia
federal government
I do not go into the moral view of this ques-
tion. It is too obvious, too impressive^ too
grave, to escape the observation of any one.
Demoralization follows in the train of an un-
convertible paper money. The whole com-
munity becomes exposed to a moral pestilence.
Every individual becomes the victim of some
imposition ; and, in self-defence, imposes upon
some one else. The weak, the ignorant, the
uninformed, the necessitous, are the sufferers ;
ANKO 1881 MARIXN YAK BUB£N, PRESIDENT.
61
tbe cnfty and the opolent ue the gainers.
The evil angments until the moral sense of the
oomniunit7, rerolting at the frightful aoeamn-
lation of fraud and misery, applies the radical
remedy of total reform.
Thus, pecuniary, political, and moral con-
siderations require the goyemment to retrace
its steps, to return to first principles, and to
restore its fiscal action to the salb and solid
path of the constitution. Reform is demanded.
It is called for by every public and by ereiy
private consideration. Now is the time to
make it. The connection between Bank and
State is actually dissolved. It is dissolved by
operation of law, and by the delinquency of
these institutions. They have forfeited the
light to the deposits, and lost the privilege of
paying the revenue in their notes, by ceasing to
pay specie. The government is now going on
vrithout them, and all that is wanting is the
appropriate l^iislation to perpetuate the divorce
which, in point of ftct, has already taken place.
Now is the time to act; this the moment to
restore the constitutional currency to the fed-
eral government; to restore the custody of the
public moneys to national keepers ; and to avoid,
in time to come, the calamitous revulsions and
perilous catastrophes of 1814^ 1819, and 1837.
And what is the obstade to the adoption of
this course, so imptfiously demanded by the
sflfe^ of the republic and the welfare of the
people, and so earnestly recommended to us by
the chief magistrate ? What is the obstacle —
what the power that oountervaOs the Executive
recommendation, paralyses the action of Con-
gress, and stays the march of reform? The
banks — ^the banks— the banks, are this obsta-
cle, and this power. They set up tbe preten-
sion to foroe their paper into the fSMieral Treas-
ury, and to foroe themselves to be constituted
that Treasury. Though now bankrupt, their
paper dishonored, their doors closed against
creditors, every public and every private obli-
gation violated, still they arrogate a supremat^
over this federal government ; they demand tlM
guardianship of the public moneys, and the
privilege of furnishing a federal currency ; and,
though too weak to pay their debts, Uiey are
strong enough to throttie this government, and
to hold in doubtfbl suspense the issue of their
yast pretensions.
The President, in his message, recommends
firnr things : first, to discontinue the reception
of local bank paper in payment of federal dues ;
secondly, to discontinue the same banks as
depositories of the public moneys ; thirdly, to
make the future collection and disbursement <^
the public moneys in gold and silver; fourthly,
to take the keeping of the public moneys into
the hands of our own officers.
What is there in this but a return to the
words and meaning of the constitution, and a
conformity to the practice of the government in
the first years of President Washington's ad-
ministration f When this federal government
was first liarmed, there was no Bank of the
United States, and no local banks, except three
north of the Potomac By the act of 1789, the
revenues were directed to be collected in gold
and silver coin only ; and it was usually drawn
out (^ the hands <^ collectors by drafts drawn
upon them, payable at sight It ms a paost
effectual way of drawing money out of their
hands ; fiur more so than an order to deposit in
banks; for the drafts must be paid, or pro-
tested, at sight) while the order to deposit may
be eluded under various pretexts.
The right and the obligation of the govern-
ment to keep its own moneys in its own hands,
results fi^m first principles, and firom the great
law of self-preservation. Every thing else that
belongs to her, she keeps herself; and why not
keep that also, without which every thing else
isnothingi Arms and ships — provisions, muni-
tions, and supi^ies of every kind — are kept in
the hands of government officers ; money is the
smew of war, and why leave this sinew exposed
to be cut by any caoreless or fUthless hand ?
Money is the support and existenoe of the goT-
emment—the breath of its nostrils, and why
leave this support — this breath — ^to the custoc^
of those over whom we have no control ? How
absurd to place our ships, our aims, our mili-
tary and naval supplies in the hands of those
who could refbse to deliver them when re-
quested, and put the government to a suit at
law to recover their possession I Every body
sees the absurdity of this; but to place our
mcmey in the same condition, and, moreover, to
subject it to the vicissitudes of trade and the
perils of banking, is still more absurd ; for it is
the life blood, without which the government
cannot live— the oil, without which no part of
Its machinery can move.
62
TfflRTY YEARS' VIEW.
England, with all her banks, tniBts none of
them with the collection, keeping, and disburse-
ment of her public moneys. The Bank of
England is paid a specific sum to manage the
public debt ; but the reyenue is collected and
disbursed through subordinate collectors and
receiyers general; and these receivers general
are not subject to the bankrupt laws, because
the government will not suffer its revenue to
be operated upon by any law except its own
wilL In France, subordinate collectors and
receivers general collect, keep, and disburse the
public moneys. If they deposit any thing in
banks, it is at their own risk. It is the same
thing in England. A bank deposit by an offi-
cer is at the risk oi himself and his securities.
Too much of the perils and vicissitudes of
banking is known in these coimtries to permit
the government ever to jeopard its revenues in
their keeping. All this is shown, fully and at
large, in a public document now on our tables.
And who does not recognize in these collectors
and receivers general of France and England,
the ancient Roman officers of qusestors and pro-
quiestors? These fiscal officers of France and
England are derivations from the Roman insti-
tutions; and the same are (bund in all the
modem kingdoms of Europe which were for^
merly, like France and Britain, provinces of the
Roman empire. The measure before the Sen-
ate is to enable us to provide for our future
safety, by complyii^ with our own constitution,
and conforming to the practice of all nations,
great or small, ancient or modem.
Coming nearer home, and looking into our
own early histoiy, what were the '^ continental
treasurers" of the confederation, and the ''pro-
vincial treasurers and collectors," provided for
as early as July, 1775, but an imitation of the
French and English systems, and very near the
plan which we propose now to re-establish!
These continental treasurers, and there were
two of them at first, though afterwards reduced
to one, were the receivers general ; the provin-
cial treasurers and collectors were their subor-
dinates. By these officers the public moneys
were collected, kept, and disbursed; for there
were no banks then! and all government drafts
were drawn directly upon these officers. This
simple plan worked well during the Revolution,
and afterwards^ until the new government was
formed; and continued to work, with a mere
change of names and forms, during the first
years of Washington's administration, and until
General Hamilton's bank machinery got into •
play. This bill only proposes to re-establish,
in substance, the system of the Revolution, of
the Congress of the confederation, and of the
first years of Washington's administration.
The bill reported by the chairman of the Com-
mittee on Finance [Mr. Wright of New Yoric]
presents the details of the plan for accomplish-
ing this great result. That bill has been printed
and read. Its simplicity, economy, and efficien-
cy strike the sense of all who hear it, and aimi*
hilate without argument, the most formidable
arguments of expense and patronage, which had
been conceived against it The present officers,
the present mints, and one or two more mints
in the South, in the West, and in the North,
complete the plan. There will be no necessity
to carry masses of hard money from one quar-
ter of the Union to another. Government drafts
will make the transfer without moving a dollar.
A government draft upon a national mint, wiU
be the highest order of bills of exchange. Mo-
ney wanted by the government in one place,
will be exchanged, through merchants, for mo-
ney in another phice. Thus it has been for
thousands of years, and will for ever be. We
read in Cicero's letters that when he was Gov-
emor of Cilicia^ in Asia Minor, he directed his
quuBStor to deposit the tribute of the province in
Antioch, and exchange it for money in Rome
with merchants engaged in the Oriental trade^
of which Antioch was one of the emporiums.
This is the natural course of things, and is too
obvious to require explanation, or to admit of
comment
We are taunted with these treasury notes ; it
seems to be matter of triumph that the govern-
ment is reduced to the necessity of issuing them ;
but with what justice ? And how soon can any
govemment that wishes it, emerge from the
wretchedness of depreciated paper, and stand
erect on the solid foundations of gold and sil-
ver? How long will it take any respectable
government, that so wills it, to accomplish this
great change ? Our own history, at the close
of the Revolution, answers the question ; and
more recently, and more strikingly, the history
of France answers it also. I speak of tho
French finances fi^m 1800 to 1807 ; from the
commencement of the consulate to the peace of
ANNO 1887. MARTIN VAN BUREN, PRESIDENT.
63
Tilsit. This wonderM period is replete with
instruction on the sahject of finance and curren-
cy. The whole period is Ml of instruction;
but I can only seize two yiews — ^the beginning
and the end — and, for the sake of precision, will
read what I propose to present. I read from
Bignon, author of the civil and diplomatic his-
toiy of France during the consulate and the first
years o^ the empire ; written at the testamen-
tary request of the Emperor hxmselfl
After stating that the expenditures of the re-
public were sue hundred millions of firancs —
about one hundred and ten millions of dollars —
when Bonaparte became First Consul, the lusto-
rian proceeds:
^^ At his arrival at p&fcer^ a mm of 160,000
francs in money [about $82,000] was all that
the public chests contained. In the impossibili'
ty of meeting the current service by the ordinO'
ry receipts^ ths Directorial Gotemment had re-
aorted to ruinous expedients, and had thrown
into circulation bills of various values^ and
which sunk upon the spot fifty to eighty per
eent. A part of the arrearages had been dis-
charged in bills ttoo'thirds on credit, payable to
the bearer, but which, in fact, the Prea»ury was
not able to pay when due. The remaining
third had been inscribed in the great booh, un-
der the name of consolidated third. For the
payment of the forced requisitions to which
they had been Miged to have recourse, there
had been issued bills receivaible in payment of
the revenues. Finally, the gotemment, in order
to satisfy the most imperious wants, game orders
upon the receivers general, delivered in advance
to contractors, which they negotiated before
they began to furnish the supplies for which
they were the payment?^
This, resumed Mr. B., was the condition of
the French finances when Bonaparte became
First Con^ at the dose of the year 1799. The
currency was in the same condition — no spe-
cie— a degraded currency of assignats, ruinous-
ly depreciated, and issued as low as ten sous.
That great man immediately began to restore
order to the finances, and solidity to the curren-
cy. Happily a peace of three years enabled him
to complete the great work, before he was called
to celebrate the immortal campaigns ending at
Austerlitz, Jena^ and Friedland. At the end
of three years — ^before the rupture of the peace
of Amiens — the finances and the currency were
restored to-order and to solidity; and, at the
end of six years, when the yast establishments,
and the internal ameliorations of the imperial
goremment, had carried the annual expenses to
eight hundred millions of francs, about one hun-
dred and sixty millions of dollars; the same
historian copying the words of the Minister of
Finance, thus speaks of the treasury, and the
curr6n<7:
" The resources of the State have increased
beyond its wants; the public chests are full ;
all payments a/re made at the day named; the
orders upon the public treasury have become the
most approved btlls of exchange. The finances '
are in the most happy condition ; France alone^
among all the States of Europe, has no paper
money?^
What a picture ! how simply, how powerful-
ly drawn! and what a change in six years!
Public chests full — ^payments made to the day —
orders on the treasury the best bills of exchange
— France alone, of aU Europe, having no paper
money ; meaning no government paper money,
for there were bank notes of five hundred francs,
and one thousand francs. A government reve*
nue of one hundred and sixty millions of dollars
was paid in gold and silver ; a hard money cur-
rency, of five hundred and fifty millions of dol-
lars, saturated all parts of France with specie,
and made gold and silver the every day curren-
cy of every man, woman and child, in the em-
pire. These great results were the work of six
years, and were accomplished by the simple pro-
cess of gradually requiring hard money pay-
ments— gradually calling in the assignats — ^in-
creasing the branch mints to fourteen, and lim-
iting the Bank of France to an issue of large
notes — five hundred francs and upwards. This
simple process produced these results, and thus
stands the French currency at this day ; for the
nation has had the wisdom to leave untouched
the financial system of Bonaparte.
I have repeatedly given it as my opinion —
many of my speeches declare it — ^that the
French currency is the best in the world. It
has hard money for the government ; hard mo-
ney for the common dealings of the people ; and
la^ notes for large transactions. This curren-
cy has enabled France to stand two invasions,
the ravaging of 300,000 men, two changes of dy-
nasty, and the payment of a milliard of contri-
butions ; and idl without any conunotion or re-
vulsion in trade. It has saved her from the
revulsions which have afflicted England and our
America £6r so many years. It has saved her
64
THIRTT YEARS* VIEW
from ezpansiona, contractions, and ndnonB fluo-
tnations of price. It has sayed her, for near
Ibrty years, from a debate on currency. It has
saved her eren from the knowledge of oar sweet-
scented phrases: "sound currency — unsound
currency ; plethoric, dropsical, inflated, bloated ;
the money market tight to-day — ^a little easier
this mornings" and all such verbiage, which
the haberdashers' boys repeat. It has saved
France from even a discussion on currency;
' while in England, and with us, it is banks !
banks! banks! — morning, noon, and night;
breakfast, dinner, and supper ; levant, and cou-
chant; sitting, or standmg ; at home, or abroad ;
steamboat, or railroad car ; in Congress, or out
of Congress, it is all the same thing : banks —
banks — banks; currency — currency — curren-
cy ; meaning, all the while, paper money and
shin-plasters; until our very brains seem as
if they would be converted into lampblack and
rags.
The bill before the Senate dispenses with the
fturther use of banks as depositories of the pub-
lic moneys. In that it has my hearty concur-
rence. Four times heretofore, and on four dif-
ferent occasions, I have made propositions to
accomplish a part of the same purpose. First^
in proposing an amendment to the deposit bill
of 1836, by which the mint, and the branch
mints, were to be included in the list of deposi-
tories; Koondly^ in proposing that the public
m(meys here, at the seat of Government, should
be kept and paid out by the Treasurer ; thirdly^
by proposing that a preference, in receiving the
deposits, should be given to such banks as should
cease to be banks of circulation ; fourthly^ in op-
poshig the establishment of a bank agency in
Missouri, and proposing that the moneys there
should be drawn direct from the hands of the
receivers. Three of these propositions are now
included in the bill before the Senate ; and the
whole object at which they partially aimed is
folly embraced. I am for the measure — ^ftdly,
cordially, earnestly for it
Congress has a sacred dnty to perform in re-
forming the finances, and the currency ; for the
rain of both has resulted from federal legisla-
tion, and federal administration. The States at
the formation of the constitution, delivered a
solid currency — ^I will not say sound, for that
word implies snbject to unsoundness, to rotten-
ness, and to death— but they delivered a solid
currency, one not liable to disease, to this fede-
ral government They started the new govern-
ment fidr upon gold and silver. The first act
of Congress attested this great &ct ; for it made
the revenues payable in gold and silver coin
only. Thus the States delivered a solid cur-
rency to this government, and they reserved
the same curr6n<7' for themselves; and they
provided constitutional sanctions to guard both.
The thmg to be saved, and the power to save it,
was given to this government by the States ;
and in the hands of this government it became
deteriorated. The first great error was General
Hamilton's construction of the act of 1789, by
which he nullified that act, and overturned the
statute and the constitution together. The
next great error was the establishment of a nsr
tional bank of circulation, with authority to pay
all the public dues in its own paper. This con-
firmed the overthrow of the constitution, and
of the statute c^ 1789 ; and it set the fatal ex-
ample to the States to make banks, and to re-
ceive their paper for public dues, as the United
States had done. This was the origin of the
evil— this the origin of the overthrow of the
solid currency which the States had delivered to
the federal government It was the Hamilto-
uian policy that did the mischief; and the state
of things in 1837, is the natural fruit of that
policy. It is time for us to quit it — ^to return
to the constitution and the statute of 1789, and
to confine the federal Treasury to the hard mo-
ney which was intended for it.
I repeat, this is a measure of reform, wor-
thy to be called a reformation. It goes back to
a fundamental abuse, nearly coeval with the
foundation of the government Two epodia
have occurred for the reformation of this abuse ;
one was lost, the other is now in jeopardy.
Mr. Madison's administration committed a great
error at the expiration of the charter of the
first Bank of the United States, in not reviving
the currency of the constitution for the federal
Treasury, and especially the gold currency.
That error threw the Treasury back upon the
local bank paper. This paper quickly foiled,
and out of that failure grew the second United
States Bank. Those who put down the second
United States Bank, warned by the calamity,
determined to avoid the error of M|^ Madison's
administration : they determined to increase
the stod: of specie, and to revive the gold dr-
ANNO 1887. MABTIK VAN BUBEN, PRESIDENT.
65
enlatioii, which had been dead for thirty years.
The aocamuktion of eighty miUiona in the brief
space of five years, fifteen millions of it in gold,
attest the sincerity of their design, and the 4a-
oUity of its execution. The country was going
on at the rate of an ayerage increase of twelye
millions of specie per annum, when the general
stoppages of the banks in May last^ the expor-
tation of specie, and the imposition of irredeem-
able paper upon the gOYemment and the peo-
ple, seemed to announce the total fiulure of the
plan. But it was a seeming only. The impe-
tus given to the spede policy still prevails, and
five millions are added to the stock during the
present fiscal year. So fiu-, then, as the coun-
teraction of the goyemment policy, and the
suppression of the constituticmal currency, might
have been expected to result from that stop-
page, the calculation seems to be in a fair way
to be disappointed. The spirit of the people,
and our hundred millions of exportable produce,
are giving the victory to the glorious policy of
our late illustrious President The other great
consequences expected to result from that stop-
page, namely, the recharter of the Bank of the
United States^ the change of administration,
the overthrow of the republican party, and the
restoration of the federal dynasty, all seem to
be in the same &ir way to total miscarriage ;
but the objects are too H^»y.lmg to be abandoned
by the party interested, and the destruction of
the finances and the currency, is still the chei^
ished road to success. The miscalled Bank of
the United States, the soul of the federal dynas-
ty, and the anchor of its hopes — ^believed by
many to have been at the bottom of the stop-
pages in May, and known by all to be at the
head of non-resumption — ^now displays her pol-
icy on this floor ; it is to compel the repetition
of the error of Mr. Madison's administration !
Knowmg that irom the repetition of this error
must come the repetition of the catastrophes of
1814, 1819, and 1837 ; and out of these cataa-
trophes to extract a new damor for the revivi-
fication of herself. This is her line of conduct ;
and to this line, the conduct of all her friends
conforms. With one heart, one mind, <me
voice, they labor to cut off gold and silver fit>m
the federal government, and to impose paper
upon it ! they hibor to deprive it of the keepmg
of its own revenues, and to place them again
where they have been so often lost ! This is
Vol. II.— 5
the conduct of that bank and its friends. Let
us imitate their zeal, their unanimity; and their
perseverance. The amendment and the bill,
now before the Senate, embodies our policy.
Let us cany them, and the republic is safe.
The extra session had been called to relieve
the distress of the federal treasury, and had
done so by authorizing an issue of treasury
notes. That object being accomplished, and
the great measures for the divorce of Bank and
State, and for the sole use of gold and silver in
federal payments, having been recommended,
and commenced, the session adjourned.
CHAPTEB XVI.
FIBST BEOULAfi SESSION XTNDEB MB. TAN BU-
BEN'S ADMINIBTBATION : HIS ME88AGB.
A BRIEF interval of two months only inter-
vened between the adjournment of the called ses-
sion and the meeting of the regular one ; and the
general state of the public affidrs, both at home
and abroad, being essentially the same at both
periods, left no new or extraordinary measures
for the President to recommend. With foreign
powers we were on good terms, the settlement
of all our long-fitanding complaints under Gen-
eral Jackson's administration having left us
free from the foreign controversies which gave
trouble ; and on that head the message had lit-
tle but what was agreeable to conmranicate.
Its topics were principally confined to home
affiurs, and that part of these affairs which were
connected with the banks. That of the United
States, as it still called itself^ gave a new spe-
cies of disregard of moral and legal obligation,
and presented a new mode of depraving the
currency and endangering property and con-
tracts, by continuing to issue and to use the
notes of the expired institution. Its currency
was still that of the deftmct bank. It used the
dead notes of that institution, for which, of
course, neither bank was liable. They were
called resurrection notes ; and their use, besides
the injury to the currency and danger to prop-
erty, was a high contempt and defiance of the
authority which had created it; and called for
the attention of the federal government. The
66
THIRTr TEABS' VUfiW.
President, therefore, thus fonnally brought the
procedure to the notice of Congress :
" It was my hope that nothing would occur to
make necessary, on this occasion, any allusion
to the late national bank. There are circum-
stances, however, connected with the present
state of its afiairs that bear so directly on the
duuucter of the sovemment and the welfare of
the citizen, that Ishould not feel myself excused
in neglecting to notice them. The charter which
terminated its banking privileges on the 4th
of March, 1836, continued its corporate powers
two years more, for the sole purpose of closing
its affairs, with authority ^ to use the corporate
name, style, and capacity, for the purpose of
suits for a final settlement and liquidation of the
afiairs and acts of the corporation, and for the
sale and disposition of their estate, real, per-
sonal and mixed, but for no other purpose or in
any other manner whatsoever.' Just before
the banking privileges ceased, its effects were
transferred by the l^k to a new State institu-
tion then recently incorporated, in trust, for the
discharge of its debts and the settlement of its
affairs. With this trustee, by authority of Con-
gress, an adjustment was subsequently made of
the large interest which the government had in
the st^ of the institution. The manner in
which a trust unexpectedly created upon the
act granting the charter, and involving such
great public interests, has been executed, would,
under any circumstances, be a fit subject of in-
quiry ; but much more does it deserve your at-
tention, when it embraces the redemption of
obligations to which the authority and credit of
theUnited States have given value. The two
years allowed are now nearly at an end. It is
well understood that the trustee has not re-
deemed and cancelled the outstanding notes of
the bank^ but has reissued, and is actually re-
issuing, smce the 3d of March, 1836, the notes
which have been received by it to a vast amount.
Aooording to its own official statement, Bo*late
as the Ist of October last, nineteen months
after the banking privileges given by the charter
had expired, it luui under its control uncancelled
notes of the Ute Bank of the United States to
the amount of twenty-seven millions five hun-.
dred and sixty-one thousand ei^ht hundred and
sixty-six dollars, of which six millions one
hundred and seventy-five thousand eight hun-
dred and sixty-one clollars were in actual circu-
lation, one million four hundred and sixty-eight
thousand six hundred and twenty-seven dollars
at State bank agencies, and three millions two
thousand three hundred and ninety dollars in
transitu; thus showing that upwards of ten
millions and a half of the notes of the old bank
were then still kept outstanding. The impro-
Sriety of this procedure is obvious : it being the
nty of the trustee to cancel and not to put
form the notes of an institution, whose oonoemB
it bad undertaken to wind up. If the trustee
has a right to reissae these notes now, I can see
no reason why it may not continue to do so after
the expiration of the two years. As no one
could have anticipated a course so extraordinary,
the prohibitory clause of the charter above
quoted was not accompanied by any penalfy or
other special provision for enforcing it; nor
have we any general law for the prevention of
similar acts in future.
" But it is not in this view of the subject alone
that your interposition is required. The United
States, in settling with the trustee for thw
stock, have withdrawn their funds from their
former direct ability to the creditors of the old
bank, yet notes of the institution continue to be
sent forth in its name, and apparently upon the
authority of the United States. The transac-
tions connected with the employment of the
bills of the old bank are of vast extent ; and
should they result unfortunately, the interests
of individuals majr be deeply compromised.
Without undertaking to decide how far, or in
what form, if any, the trustee could be made
liable for notes which contain no obligation on
its part ; or the old bank, for such as are put
in circulation after the expiration of its char-
ter, and without its authority ; or the govern-
ment for indemnity, in case of loss, the question
still presses itself upon your consideration,
whether it is consistent with duty and good
faith on the part of the government, to witness
this proceeding without a single effort to arrest
it"
On the subject of the public lands, and the
most judicious mode of disposing of them — a
question of so much interest to the new States
— the message took the view of those who
looked to the domain less as a source of revenue
than as a means of settling and improving the
country. He recommended graduated prices
according to the value of the different classes of
lands in order to fiicUitate their sale^ and a
prospective permanent pre-emption act to give
encouragement to settlers. On the first of
these points he said :
'^ Hitherto, after being offered at public sale,
lands have neen disposed of at one uniform
price, whatever difference there might be in
their intrinsic value. The leading considera-
tions ui^ in favor of the measure referred to,
are, that in almost all the land districts, and par*
ticularly in those in which the lands have been
long surveyed and exposed to sale, there are
still remaining numerous and large tracts of
every gradation of value, from the government
price downwards ; that tnese lands will not bo
purchased at the government price, so long as
better can be conveniently obtained for the same
amount ; that there are largo tracts which even
the improvements of the acyacent lands will
ANNO 1888. UAKTIN VAN BUREN, PRESIDENT.
67
nerer raise to that price ; and that the present
uniform price, combined with their irregular
Talue, operates to preyent a desirable oompactr
ness of settlement in the new States, and to re-
tard the Aill development of that wise policy on
which our land system is founded, to the injury
not only of the several States where the lands
lie, but of the United States as a whole.
" The remedy proposed has been a reduction of
prices according to the length of time the lands
have been in market, without reference to any
other circumstances. The certainty that the
efflux of time would not always in such cases,
and perhaps not even generally, furnish a true
criterion of value ; and the probability that per-
sons residing in the vicinity, as the period for
the reduction of prices approached, would post-
pone purchases they would otherwise make, for
the purpose of availing themselves of the lower
price, with other considerations of a similar
character, have hitherto been successfully urged
to defeat the graduation upon time. May not
all reasonable desires upon this subject be satis-
fied without encountering any of these objec-
tions ? All will concede the abstract principle,
that the price of the public lands should be pro-
portioned to their relative value, so fiur as that
can be accomplished without departing from the
rule, heretofore observed, requiring fixed prices
in cases of private entries. The difficulty of the
subject seems to lie in the mode of ascertaining
what that value is. Would not the safest plan
be that which has been adopted by many of the
States as the basis of taxation ; an actual valua-
tion of lands, and classification of them into dif-
ferent rates 1 Would it not be practicable and
expedient to cause the relative value of the pub-
lic lands in. the old districts, which have been
for a certain length of time in market, to be ap-
praised, and clawed into two or more rates be-
low the present minimum price, bv the officers
now employed in this branch of the public ser-
vice, or in any other mode deemed preferable,
and to make those prices permanent, if upon the
coming in of the report they shall prove satis-
factory to Congress? Cannot all the objects
of graduation be accomplished in this way, and
the objections which have hitherto been urged
against it avoided ? It would seem to me that
such a step, with a restriction of the sales to
limited quantities, and for actual improvement,
would be free from lUl just exception.'^
A permanent prospective pre-emption law was
cogently recommended as a measure just in it-
self to the settlers, and not injurious to the pub-
lic TreaflUiy, as experience had shown that the
auction system— that of selling to the highest
bidder above the prescribed minimum price —
had produced in its aggregate but a few cents
on the acre above the minimum price. On this
point he said :
" A large portion of our citizens have seated
themselves on the public lands, without authori-
ty, since the passage of the last pre-emption law,
and now ask the enactment of another, to ena-
ble them to retain the lands occupied, upon pay-
ment of the minimum government pnoe. They
ask that which has been repeatedly granted be-
fore. If the future may be judged of by the past,
little harm can be done to the interests of the
Treasury by yielding to their request Upon
a critical examination, it is found that the lands
sold at the public sales since the introduction
of cash pajrments in 1820, have produced, on an
average, the net revenue of only six cents an
acre more than the minimum government price.
There is no reason to suppose that future sales
will be more productive^ The government,
therefore, has no adequate pecuniary interest to
induce it to drive these people from the lands
they occupy, for the purpose of selling them to
others."
This wise recommendation has since been
carried into effect, and pre-emptive rights are
now admitted in all cases where settlements are
made upon lands to which the Indian title shall
have been extinguished ; and the graduation of
the price of the public lands, though a measure
long delayed, yet prevailed in the end, and was
made as originally proposed, by redactions ac-
cording to the length of time the land had been
offered at sale. Beginning at the TniniTnum pnoe
of $1 25 per acre, the reduction of price 'went
down through a descending scale, according to
time, as low as 12^ cents per acre. But this
was long after.
CHAPTEE XVII.
PENNSYLVANIA BANK OF THE UNITED STATES .
ITS USE OF THE DEFUNCT NOTES OF THE EX-
PIRED INSTITUTION.
HisTORT gives many instances of armies re*
fusing to be disbanded, and remaining in arms
in defiance of the authority which created them ;
but the example of this bank presents, probably,
the first instance in which a great moneyed cor-
poration refused to be dissolved — refused to
cease its operations after its legal existence had
expired ; — and continued its corporate transac-
tions as if in full life. It has already been shown
that its proviso charter, at the end of a local
railroad act, made no difference in its conditionr^
68
THIRT7 YEABff VIEW.
that it went on exactly as before. Its use of
the defunct notes of the expired institution was
a further instance of this conduct, transcending
any thing conceived o^ and presenting a case of
danger to the public, and defiance of goyemment,
which the President had deemed it his duty to
bring to the attention of Congress, and ask a
remedy for a proceeding so criminal. Congress
acted on the recommendation, and a bill was
brought in to make the repetition of the of-
fence a high misdemeanor, and the officers and
managers of the institution personally and in-
diridually liable for its commission. In sup-
port of this bill, Mr. Buchanan gave the fullest
and clearest account of this almost incredible
misconduct. He said :
^ The charter of the late Bank of the United
States expired, by its own limitation, on the 3d
of March, 1836. After that day, it could issue
no notes, discount no new paper, and exercise
none of the usual functions of a bank. For
two years thereafter, until the 3d of Mardi,
1838, it was merely permitted to use its corpo-
rate name and capacity ^for the purpose of
suits for the final settlement and liquidation of
the afiairs and accounts of the corporation, and
for the sale and disposition of their estate, real,
personal, and mixed ; but not for any other
purpose, or in any other manner^ whaUoever?
Congress had granted the bank no power to
make a Toluntary assignment of its property
to any corporation or any individuaL On the
contrary, the plain meaning of the charter was,
that all the anairs of the institution should be
wound up by its own president and directors.
It receiyed no authority to delegate this impor-
tant trust to others, and yet what has it done ?
On the second day of March, 1836, one day be-
fore the charter had expired, this yery president
and these directors assigned all the property
and effects of the old corporation to the Penn-
syl^ania Bank of the United States. On the
same day. this latter bank accepted tiie assign-
ment and agreed to 'pay, satisfy, and discha^
all oebts, contracts, and engagements, owing,
entered into, or made by this [the ola] bank,
as the same shall become due and payable, ana
fidJU and execute all trusts and obligations
^whatsoever arising from its transactions, or
from any of them, so that every creditor or
rightful claimant shall be fuUy satisfied.' By
its own agreement^ it has thus expressly cre-
ated itself a trustee of the old banl^ But this
was not necessary to confer upon it that char-
acter. By the bare act of accepting the assign-
ment, it became responsible, under the laws of
the land, for the perfi>rmance of all the duties
and trusts required by the old charter. Under
the drcumstances, it cannot make the slightest
proCenoe of any want of notion
^Having assumed this responsibility, the
duty of the new bank was so plain tlut it
could not have been mistaken. It had a double
character to sustain. Under the charter from
Pennsylvania, it became a new banking corpo-
ration ; whilst) under the assignment &om the
old bonk, it became a trustee to wind up the
concerns of that institution under the Act of
Congress. These two characters were in their
nature separate and distinct, and never ought
to have been blended. For each of these pur-
poses it ought to have kept a separate set of
books. Above all, as the privU^ of circulating
bank notes, and thus creating a paper currency,
is that function of a bank which most deeply
and vitally afiects the community, the new bank
ought to have cancelled or destroyed all the
notes of the old bank which it found in its pos-
session on the 4th of March, 1836, and ought
to have redeemed the remainder at its counter,
as they were demanded by the holders, and
then destroyed them. This obligation no sen-
ator has attempted to doubt or to deny. But
what was the course of tne bank? It has
grossly violated both the old and the new char-
ten It at once declared independence of both,
and appropriated to itself all the notes of the
old b«n]^ — ^not only those which were then
still in drculation^ but those which had been
redeemed before it accepted the assignment,
and were then lying dead in its vaults. I have
now before me the first monthly statement
which was ever made by the Bank to the Au-
ditor-general of Pennsylvania. It is dated on
the ^ of April, 1836, and signed J. Cowper-
thwaite, acting cashier. In this statement^ the
Bank charges itself with 'notes issued,'
$36,620,420 16; whilst, in its cash account,
idong with its specie and the notes of State
ban&, it credits itself with ' notes of the Bank
of the United States and offices,' on hand,
916,794,713 71. It thus seized these dead
notes to the amount of $16,794713 71. and
transformed them into cash ; whilst the aiffei^
ence between those on hand and those issued,
eoual to $19,825,706 45, was the circulation
which the new bank boasted it had inherited
from the old. It thus, in an instant, appropri-
ated to itseli^ and adopted as its own circula-
tion, all the notes and all the illegal branch
drafts of the old bank which were then in exist-
ence. Its boldness was equal to its utter dis-
regard of law. In this first return, it not only-
proclaimed to the Legislature ana people of
Pennsylvania that it had disregarded its trust
as assignee of the old Bank, by seizing upon
the whole of the old circulation and converting
it to its own use, but that it had violated one
of the fundamental provisions of its new char-
ter."
Mr. Calhoun spoke chiefly to the question of
the right of Congress to pass a bill of the tenor
proposed. Several senators denied that right :
ANNO 1888. MARTIN VAN BUREN, PRESIDENT.
69
others supported it— among them Mr. Wright,
Mr. Gnuulj, Mr. William H. Roane, Mr. John
M. Niles, Mr. Clay, of Alabama, and Mr. Gal-
honn. Some passages from the speech of the
latter are here giTen*
^ He [Mr. Calhoun] held that the right pro-
posed to be exercised in this case rested on the
general power of I^;islation conferred on Con>
gress, which embraces not only the power oi
makmg, but that of repealing laws, ft was, in
fact a portion of the repealins power. No one
could doubt the existence of the right to do
either, and that the right of repealing extends
as well to unconstitutional as constitutional
laws. The case as to the former was, in fSiu^t,
stronger than the latter ; for, whether a consti-
tutional law should be repealed or not, was a
question of expediency, which left us free to act
according to our discretion ; while, in the case
of an unconstitutional law, it was a matter of
obligation and duty, leaving no option ; and the
more unconstitutional, the more imperious the
obligation and duty. Thus far^ there could be
no doubt nor diyersity of opimon. But there
are many Uws, the effects of which do not cease
with their repeal or expiration, and which re-
quire some additional act on our part to arrest
or undo them. Such, for instance, is the one in
question. The charter of the late bank expired
some time ago, but its notes are still in exist-
ence, freely circulating from hand to hand, and
reissued and banked on bv a bank chartered by
the State of Pennsylyania, into whose posses-
sion the notes of the old bank have passed. In
a word, our name and authority are used ahnost
as freely for banking purposes as they were
before the expiration of the charter of the late
bank. Now, he held that the right of arresting
or undoing these afteiveffects rested on the
same principle as the right of repealing a law,
and like tiiat, embraces unconstitutK>naI as
well as constitutional acts, superadding, in the
case of the former, obligation and duty to right
We have an illustration of the truth of this
principle in the case of the lUien and sedition
acts, which are now conceded on all sides to
have been unconstitutional. Like the act incor^
porating the late bank, they expired by their
own limitation ; and, like it, also, their effects
continued after the period of their expiration.
Individuals had been tried, convicted, fined, and
imprisoned under them ; but, so far was their
unconstitutionality from being regarded as an
impediment to the right of arresting or undoing
these effects, that Mr. Jefferson felt himself
compelled on that very account to pardon those
who had been fined and convicted under their
provisions, and we have at this session passed,
on the same ground, an act to refund the money
paid by one of the sufferers under them. The
bill is limited to those only who are the trus-
tees, or agents for winding up the concerns of
the late bank, and it is those, and those only.
who are subject to the penalties of the bill fer
reisBning its notes. They are. pro tanto^ our
ofOoers, and, to that extent, subject to our juris-
diction, and liable to have their acts controlled,
as far as they relate to the trust or agency con-
fided to them ; just as much so as receivers or
collectors of the revenue would be. No one
can doubt that we could prohibit them from
passing off any description of paper currenqr
that might come into their hands in their offi-
cial diancter. Nor is the right less clear in
reference to the persons who may be compre-
hended in this bill. Whether Mr. Biddle or
others connected with this bank are, in fact,
trustees, or agents, within the meaning of the
bill, is not a question for us to decide. They
are not named, nor referred to by description.
The bill is very properly drawn up in general
terms, so as to comprehend all cases of the
kind, and would include the banks of the Dis-
trict, should Congress refuse to re-charter
them. It is left to the court and jury, to
whom it properly belong^ to decide, when a case
comes up^ whether the party is, or is not, a
trustee, or agent; and^ of course, whether he
is, or is not, included m the provisions of the
bilL If he is, he will be subject to its penal-
ties, but not otherwise ; and it cannot possibly
affect the question of the constitutiomdity of
the bill, whether Mr. Biddle, and others con-
nected with him, are, or are not^ comprehended
in Its provisions, and subject to its penalties."
The bill was severe in its enactments, pre-
scribing both fine and imprisonment for the re-
petition of the offence — ^tiie fine not to exceed
ten thousand dollars — ^the imprisonment not to
be less than one nor more than five years. It
also gave a preventive remedy in authorizing in-
junctions from the federal courts to prevent the
circulation of such defunct notes, and proceed-
ings in chancery to compel their surrender for
cancellation. And to this "complexion" had
the arrogant institution come which so lately
held itself to be a paioer, and a great one, in the
government — now borne on the statute book as
criminally liable for a high misdemeanor, and
giving its name to a new species of offence in
the criminal catalogue— corAumer and resurrec-
tionist of defunct notes. And thus ended the
last question between the federal government
and this, once so powerful moneyed corpora-
tion ; and certainly any one who reads the his-
tory of that bank as faithfully shown in our
parliamentary history, and briefly exhibited in
tins historic View, can ever wish to see another
national bank established in our country, or
any fhture connection of any kind between the
government and the bonks. The last struggle
70
THIRTY YEARS* VIEW.
between it and the government was now over
^ust seven years since that struggle began :
but its further conduct will extort a further
notice from history.
CHAPTER XVIII.
FLORIDA INDIAN WAR: ITS ORIGIN AND OON-
Ducrr.
This was one of the most troublesome, expen-
sive and unmanageable Indian wars in which
the United States had been engaged ; and from
the length of time which it continued, the
amount of money it cost, and the difficulty of
obtaining results, it became a convenient handle
of attack upon the administration ; and in which
party spirit^ in pursuit of its object, went the
length of injuring both individual and national
character. It continued about seven years — as
loDg as the revolutionary war — cost some thirty
millions of money — and baffled the exertions of
several generals ; recommenced when supposed
to be finished ; and was only finally terminated
by ^htmfnnfr military campaigns into an armed
occupation by settlers. All the opposition
presses and orators took hold of it, and made
its misfortunes the common theme of invective
and declamation. Its origin was charged to the
oppressive conduct of the administration — its
protracted length to their imbecility — its cost
to their extravagance — its defeats to the want
of foresight and care. The Indians stood for an
innocent and persecuted people. Heroes and
patriots were made of their chiefis. Our gene-
rals and troops were decried; applause was
lavished upon a handful of savages who could
thus defend their country; and corresponding
censure upon successive armies which could not
conquer them. All this going incessantly into
the Congress debates and the party newspapers,
was injuring the administration at home, and
the country abroad ; and, by dint of iteration
and reiteration, stood a good chance to become
history, and to be handed down to posterity.
At the same time the war was one of flagrant
and cruel aggression on the part of these Indians.
Their removal to the west of the Mississippi
was part of the plan for the general removal of
all the Indians, and every preparation was com-
plete for their departure by their own agrae-
ment, when it was interrupted by a horrible
act. It was the 28th day of December, 1835,
that the United States agent in Florida, and
several others, were suddenly massacred by a
party under Osceola, who had just been at the
hospitable table with them : at the same time
the sutler and others were attacked as they sat
at table : same day two expresses were kiUed :
and to crown these bloody deeds, the same day
witnessed the destruction of Major Dade's com-
mand of 112 men, on its march from Tampa
Bay to Withlacootchee. All these massacres
were surprises, the result of concert, and exe-
cuted as such upon unsuspecting victims. The
agent (Mr. Thompson), and some friends were
shot from the bushes while taking a walk near
his house : the sutler and his guests were shot
at the dmncr table: the express riders were
waylaid, and shot in the road : Major Dade's
command was attacked on the march, by an un-
seen foe, overpowered, and killed nearly to the
last man. All these deadly attacks took place
on the same day, and at points wide apart —
showing that the plot was as extensive as it was
secret, and cruel as it was treacherous ; for not a
soul was spared in either of the four relentleas
attacks.
It was two days after the event that an in-
fantry soldier of Major Dade's command, ap-
peared at Fort King, on Tampa Bay, from which
it had marched six days before, and gave infor-
mation of what had happened. The command
was on the march, in open pine woods, tall grass
all around, and a swamp on the left flank. The
grass concealed a treacherous ambuscade. The
advanced guard had passed, and was cut off.
Both the advance and the main body were at-
tacked at the same moment, but divided fi^>m
each other. A circle of fire enclosed each — fire
from an invisible foe. To stand, was to be shot
down : to advance was to charge upon concealed
rifles. But it was the only course — was brave-
ly adopted — and many savages thus sprung from
their coverts, were killed. The officers, coura-
geously exposing themselves, were rapidly shot
— Major Dade early in the action. At the end
of an hour successive charges had roused the
savages from the grass, (which seemed to be
alive with their naked and painted bodies, yell-
ing and leaping,) and driven beyond the range
of shot But the command was too much weak-
ANKO 1888. MARTIN YAH BUREIT, PRESIDENT.
71
ened for a further operation. The wounded
were too numerous to be carried along: too
precious to be left behind to be massacred. The
battle ground was maintained, and a small band
had conquered respite from attack : but to ad-
vance or retreat was equally impossible. The
only resource was to build a small pen of pine
logs, cut from the fbreetj collect the wounded
and the survivors into it^ as into a little fort,
and repulse the assailants as long as possible.
This was done till near sunset—the action hav-
ixig began at ten in the morning. By that time
evexy officer was dead but one, and he despe-
rately wounded, and helpless on the ground.
Only two men remained without wounds, and
they red with the blood of others, spirted upon
them, or stained in helping the helpless. The
little pen was filled with the dead and the dying.
The firing ceased. The expiring lieutenant told
the survivors he could do no more for them,
and gave them leave to save themselves as they
could. They asked his advice. He gave it to
them ; and to that advice we are indebted ibr
the only report of that bloody day's work. He
advised them all to lay down among the dead —
to remain still— and take their chance of bemg
considered dead. This advice was followed. All
became still, prostrate and motionless ; and the
savages, slowly and cautiously approaching,
were a long time before they would venture
within the ghastly pen, where danger might
still lurk under apparent death. A squad of
about forty negroes—fugitives fix>m the South-
em States, more savage than the savage— were
the first to enter. They came in with kniveb
and hatchets, cutting throats and splitting skulls
wherever they saw a sign of life. To make sure
of skipping no one alive, all were pulled and
handled, punched and kidced ; and a groan or
movement, an opening of the eye, or even the
involuntary contraction of a muscle, was an in-
vitation to the knife and the tomahawk. Only
four of the living were able to subdue senssr
tions, bodily and mental, and remain without
sign of feeling under this dreadful ordeal ; and
two of these received stabs, or blows — as many
of the dead did. Lying still until the search
was over, and darkness had come on, and the
butchers were gone, these four crept firom among
their dead comrades and undertook to make
their way back to Tampa Bay— separating into
two parties for greater safety. The one that
came in first had a narrow escape. Pursuing a
path the next day, an Indian on horseback, and
with a rifle across the saddle bow, met them full
in the way. To separate, and take the chance
of a divided pursuit, was the only hope for
either: and they struck off into opposite direo>
tions. The one to the right was pursued ; and
very soon the sharp crack of a rifie made known
his fate to the one that had gone to the left.
To him it was a warning, that his comrade be-
ing despatched, his own turn came next. It
was open pine woods, and a running, or stand-
ing man, visible at a difitanoe. The Indian on
horseback was already in view. Escape by
flight was impossible. Concealment in the grass,
or among the palmettos, was the only hope :
and this was tried. The man laid dose: the
Indian rode near him. He made cirdes around,
eyeing the ground far and near. Rising in his
stirrups to get a wider view, and seeiog nothing,
he turned the head of his horse and galloped
off — the poor soldier having been almost under
the horse's feet. This man, thus marvellously
escaping, was the first to bring in the sad re-
port of the Dade defeat — ^followed soon after by
two others with its melancholy confirmation.
And these were the only reports ever received
of that oompletest of defeats. No officer sur-
vived to report a word. All were killed in their
places — ^men and officers, each in his place, no
one breaking ranks or giving back : and when
afterwards the ground was examined, and events
verified by signs, the skeletons in their places,
and the bullet holes in trees and logs, and the
little pen with its heaps of bones, showed that
the carnage had taken place exactly as described
by the men. And this was the slaughter of
Major Dade and his command — of 108 out of
112: as treadierous, as barbarous, as perse-
veringly cruel as ever was known. One single
feature is some relief to the sadness of the pic-
ture, and discriminates this defeat from most
others suffered at the hands of Indians. There
were no prisoners put to death; for no man
surrendered. There were no fugitives slain in
vain attempts at flight ; for no one fled. All
stood, and fought, and fell in their places, re-
turning blow for blow while life lasted. It was
the death of soldiers, showing that steadiness in
defeat which is above courage in victory.
And this was the origin of the Florida Indian
war: and a more treacherous, ferodous, and
72
TUIKTV YEAES' YIEW.
oold'blooded origin was never given to any In-
dian war. Tet such is the perversity of party
spirit that its author — ^the savage Osceola — ^has
been exalted into a hero-patriot; our officers,
disparaged and ridiculed; the administration
loaded with obloquy. And all this by our pub-
lic men in Congress, as well as by writers in the
daily and periodical publications. The future
historian who should take these speeches and
publications for their guide, (and they are too
numerous and emphatic to be overlooked,)
would write a history discreditable to our arms,
and reproachful to our justice. It would be a
narrative of wickedness and imbecility on our
part — of patriotism and heroism on the part of
the Indians: those Indians whose very name
(Seminole — wild,) define them as the fugitives
from all tribes, and made still worse than fugi-
tive Indians by a mixture with fugitive n^oes,
some of whom became their chiefs. It was to
obviate the danger of such a history as that
would be, that the author of this View delivered
at the time, and in the presence of all concerned,
an historical speech on the Florida Indian war,
fortified by fiicts, and intended to stand for
true; and which has remained unimpeached.
Extracts firom that speech will constitute the
next chapter, to which this brief sketch will
serve as a pre£M)e and introduction.
CHAPTEE XIX.
FLORIDA INDIAN WAR: HISTORIOAL SPEECH OF
MR. BENTON.
A sxNATOK from New Jersey [Mr. Southard]
has brought forward an accusation which must
affect the character of the late and present ad-
ministrations at home, and the character of the
country abroad ; and which, justice to these
administrations, and to the country, requires
to be met and answered upon the spot. That
senator has expressly charged that a fraud was
oommitted upon the Florida Indians in the
treaty negotiated with them for their removal
to the West ; that the war which has ensued
was the consequence of this fraud ; and that
our government was responsible to the moral
sense of the community, and of the world, for
all the blood that has been shed, and for all the
money that has been expended, in the prosecu-
tion of this war. This is a heavy accusation.
At home, it attaches to the party in power, and
is calculated to make them odious ; abroad, it
attaches to the countiy, and is calculated to
blacken the national character. It is an accu-
sation, without the shadow of a foundation!
and, both, as one of the party in power, and as
an American citizen, I feel myself impelled by an
imperious sense of duty to my friends, and to
my country, to expose its incorrectness at onoe,
and to vindicate the government, and the conn-
try, from an imputation as unfounded as it is
odioua
The senator firam New Jersey first located
this imputed fraud in the Payne's Landing
treaty, negotiated by General Gadsden, in Flor-
ida, in the year 1832 ; and, after being tendered
an issue on the £Eumess and generosity of that
treaty by the senator fcom Alabama [Mr.
Clat], he transferred the charge to the Fcnt
Gibson treaty, made in Arkansas, in the year
1833, by Messrs. Stokes, Ellswortii and Scher-
merhom. This was a considerable change of
locality, but no change in the accusation itself;
the two treaties being but one, and the last be-
ing-a literal performance of a stipulation con-
tained in the first These are the &cts ; and,
after stating the case, I will prove it as stated.
This is the statement : The Seminole Indians in
Florida being an emigrant band of the Greeks^
and finding game exhausted, subsistence difll-
cult, and white settlements approaching, con-
cluded to follow the mother tribe, the Greeks,
to the west of the Mississippi, and to reunite
with them. This was conditionally agreed to
be done at the Payne's Landing treaty ; and in
that treaty it was stipulated that a deputation
of SemiDole chiefs, under the sanction of the
government of the United States, should pro-
ceed to the Greek country beyond the Missis-
sippi— there to ascertain first whether a suitar
ble country could be obtained for them there ;
and, secondly, whether the Greeks would re-
ceive them back as a part of their confederacy :
and if the deputation should be satisfied on
these two points, then the conditional obliga-
tion to remove, contained in the Payne's Land-
ing treaty, to become binding and obligatory
upon the Seminole tribe. The deputation went ;
the two points were solved in the affirmative ;
ANSrO 18S8. UAXnS VAN BUREN, PRESIDENT.
73
the obligation to remove became abeolute on the
part of the Indians ; and the goremment of
the United States commenced preparations fbr
effecting their easy, gradual, and comfortable
removaL
The entire emigration 'was to be completed
in three y^ars, one-third going annually, com-
mencing in the year 1833, and to be finished in
the years 1834, and 1835. The deputation sent
to the west of the Mis8is6q>pi, completed their
agreement with the Greeks on the 28th of
March, 1833 ; they returned home immediately,
and one-third of the tribe was to remove that
year. Every thing was got ready on the part
of the United States, both to transport the In-
dians to their new homes, and to subsist them
for a year after their arrival there. But, in-
stead of removing, the Indians began to invent
excuses, and to interpose delays, and to pass
off the time without conmiencing the emigrar
tion. The year 1833, in which one-third of the
tribe were to remove, passed off without any
removal ; the year 1834, in which another third
was to go, was passed off in the same manner ;
the year 1835, in which the emigration was to
have been completed, passed away, and the emi-
gration was not begun. On the contrary, on
the last days of the last month of that year,
while the United States was still peaceably urg-
ing the removal, an accumulation of treacherous
and horrible assassinations and massacres were
committed. The United States agent, General
Thompson, Lieutenant Smith, of the artillery,
and five others, were assassinated in sight of
Fort King; two expresses were murdered; and
Major Dade's command was massacred.
In their excuses and pretexts for not remov-
ing, the Indians never thought of the reasons
which have been supplied to them on this floor.
They never thought of alleging fraud. Their
pretexts were frivolous ; as that it was a long
distance, and that bad Indians lived in that
country, and that the old treaty of Fort Moul-
trie allowed them twenty years to live in Flor-
ida. Their real motive was the desire of blood
and pillage on the part of many Indians, and
still more on the part of the five hundred run-
away negroes mixed up among them ; and who
believed that they could carry on their system
of robbery and murder with impunity, and that
the swamps of the country would for ever pro- I
tect them against the pursuit of the whites. I
This, Mr. President, is the pliun and brief
narrative of the causes which led to the Semi-
nole war ; it is the brief historical view of the
case ; and if I was speaking imder ordinary cir-
cumstances, and in reply to incidental remarks,
I should content myself with this narrative,
and let the question go to the country upon the
strength and credit of this statement But I
do not speak under ordinary droumstances ; I
am not replying to incidental and casual re-
marks. I speak in answer to a formal accusa-
tion, preferred on this floor ; I speak to defend
the late and present administrations from an
odious charge ; and, in defending them, to vin-
dicate the character of our country from the
accusation of the senator from New Jersey
[Mr. Southard], and to show that fraud has
not been committed upon these Indians, and
that the guilt of a war, founded in fraud, is not
justly imputable to them.
The Seminoles had stipulated that the agent^
Major Phagan, and their own interpreter, the
negro Abraham, should accompany them ; and
this was done. It so happened, also, that an ex-
traordinary commission of three members sent
out by the United States to adjust Indian diffi-
culties generally, was then beyond the Missis-
sippi; and these commissioners were directed
to join in the negotiations on the part of the
United States, and to give the sanction of our
guarantee to the agreements made between the
Seminoles and the Greeks for the reunion of the
former to the parent tribe. This was done.
Our commissioners, Messrs. Stokes, Ellsworth,
and Schermerhom, became party to a treaty
with the Greek Indians for the reunion of the
Seminoles, made at Fort Gibson, the 14th of
February, 1833. The treaty contained this
article:
^ Article IY. It is understood and agreed
that the Seminole Indians of Florida, whose re-
moval to this country is provided for by their
treaty with the United States, dated May 9,
1832, shall also have a permanent and comfort-
able home on the lands hereby set apart as the
country of the Greek nation; and they, the
Seminoles, will hereafter be considered as a con-
stituent part of the said nation, but are to be
located on some part of the Greek country by
themselves, which location shall be selected for
them by the commissioners who have seen these
articles of agreement."
This agreement with the Greeks settled one
of the conditions on which the removal of the
74
THIRTY YKARS* VIEW.
Seminoles was to depend. We will now see
how the other condition was disposed of.
In a treaty made at the same Fort Gibson, on
the 28th of March, 1833, between the same
three commissioners on the part of the United
States, and the seven delegated Seminole chiefs,
after reciting the two conditions precedent con-
tained in the Payne's Landing treaty, and re-
citing, also, the convention with the Greeks on
the 14th of February preceding, it is thus stipu-
lated:
" Now, therefore, the commissioners aforesaid,
by virtue of the power and authority vested in
them by the treaty made with the Creek Indians
on the 14th of February, 1833, as above stated,
hereby designate and assign to the Seminole
tribe of Indians, for their separate future resi-
dence for ever, a tract of country lying between
the Canadian River and the south fork thereof,
and extending west to where a line running
north and south between the main Canadian
and north branch will strike the forks of Little
River; provided said west line does not extend
more than twenty-five miles west from the
mouth of said Little River. And the under^
signed Seminole chiefs, delegated as aforesaid,
on behalf of the nation, hereby declare them-
selves well satisfied with the location provided
for them by the commissioners, and agree that
their nation shall commence the removal to their
new home as soon as the government will make
the arrangements for their emigration satisfac-
tory to the Seminole nation."
This treaty is signed by the delegation, and
by the commissioners of the United States, and
witnessed, among others, by the same Miy'or
Phagan, agent, and Abraham, interpreter, whose
presence was stipulated for at Payne's Landing.
Thus the two conditions on which the re-
moval depended, were complied with; they
were both established in the affirmative. The
Creeks, under the solemn sanction and guarantee
of the United States, agree to receive back the
Seminoles as a part of their confederacy, and
agree that they shall live adjoining them on
Uuids designated for their residence. The dele-
gation declare themselves well satisfied with the
country assigned them, and agree that the re-
moval should commence as soon as the United
States could make the necessary arrangements
for the removal of the people.
This brings down the proof to the conclusion
of all questions beyond the Mississippi; it
brings it down to the conclusion of the treaty
at Fort Gibson— that treaty in which the sena-
tor from New Jersey [Mr. Southard] baa
located the charge of fraud, after withdrawing
the same charge from the Payne's Tending
treaty. It brings us to the end of the nqgotia-
tions at the point selected for the chaiige; and
now how stands the accusation ? How stands
the charge of fraud? Is there a shadow, an
atom, a speck, of foundation on which to rest
it? No, sir: Nothing — nothing — nothing!
Every thing was done that was stipulated for ;
done by the persons who were to do it ; and
done in the exact manner agreed upon. In &ct,
the nature of the things to be done west of the
Mississippi was such as not to admit of fraud.
Two things were to be done, one to be seen
with the eyes, and the other to be heard with
the ears. The deputation was to see their new
country, and say whether they liked it. This
was a question to their own senses — to their
own eyes — and was not susceptible of fraud.
They were to hear whether the Creeks would
receive them back as a part of their confederacy ;
this was a question to their own ears^ and was
also unsusceptible of fraud. Their own eyea
could not deceive them in looking at land ; their
own ears could not deceive them in listening to
their own languages from the Creeks. No, sir:
there was no physical capacity, or moral meana^
for the perpetration of fraud ; and none has ever
been pretended by the Indians from that day
to this. The Indians themselves have never
thought of such a thing. There is no assump-
tion of a deceived party among them. It is not
a deceived party that is at war — a party de-
ceived by the delegation which went to the West
— ^but that very delegation itself, with the ex-
ception of Charley £marthla, are the hostile
leaders at home ! This is reducing the accusa-
tion to an absurdity. It is making the delega-
tion the dupes of their own eyes and of their
own ears, and then going to war with the
United States, because their own eyes deceived
them in looking at land on the Canadian River,
and their own ears deceived them in listening to
their own language from the Creeks ; and then
charging these frauds upon the United States,
All this is absurd ; and it is due to these absent
savages to say that they never committed any
such absurdity — that they never placed their
objection to remove upon any plea of deception
practised upon them beyond the Mississippi,
but on frivolous pretexts invented long after
ABNO 1888. M AKTIN YAIT BUBEN, PRESIDENT.
75
the retojB of the delegation; which pretexts
covered the real grounds growing out of the
Influence of runaway shiyes, and some eyilly
disposed chiefe, and that thirst for blood and
plunder, in wluch thej expected a long course
of eiyoyment and impunity in their swamps,
beliered to be impenetrable to the whites.
Thus, sir, it is clearly and fully proved that
there was no fraud practised upon these Indi>
ans ; that they themselves never pretended such
a thing; and that the accusation is wholly a
ctxrgfi of recent origm sprung up among our-
selves. Having shown that there was no fraud,
this might be sufficient for the occasion, but
having been forced into the inquiry, it may be
as well to complete it by showing what were
the causes of this war. To understand these
causes, it is necessary to recur to dates, to see
the extreme moderation with which the United
States acted, the long time which they tolerated
the delays of the Indians, and the traeichery and
murder with which their indulgence and for-
bearance was requited. The emigration was to
commence in 1833, and be completed in the
years 1834 and 1835. The hust days of the last
month of this last year had arrived, and the emi-
gration had not yet commenced. Wholly in-
tent on their peaceable removal, the administra-
tion had despatched a disbursing agent, Lieu-
tenant Harris of the army, to take charge of the
expenditures for the subsistence of these people.
He arrived at Fort King on the afternoon of the
28th of December, 1835 ; and as he entei«d the
fort, he became almost an eye- wUness of a horrid
scene which was the subject of his first despatch
to his government He describes it in these words;
^ I regret that it becomes my first duty after
my arrival here to be the narrator of a story,
which it will be, I am sure, as painful for you
to hear, as it is for me, who was almost an eye
witness to the bloody deed, to reUte toyou.
Our excellent superintendent, General Wiley
Thompson, has been most cruelly murdered by
a party of the hostile Indians, and with him
Lieutenant Constant Smith, of the 2d regiment
of artillery, firastus Rogers, the suttler to the
post, with his two clerks, a Mr. Kitader, and a
boy called Robert. This occurred on the after-
noon of the 28th instant (December), between
three and four o'clock. On the day or the mas-
sacre, Lieutenant Smith had dined with the
General, and after dinner invited him to take a
short stroll with him. They had not proceeded
more than three hundred yards beyond the
agency office, when they were fired upon by a
party of Indians, who rose from ambush in the
hammock, within sight of the fort, and on which
the suttler's house borders. The reports of the
rifles firedj the war-whoop twice repeated, and
after a brief space, several other volleys more
remote, and in the quarter of Mr. Rogers's house,
were heard, and the smoke of the firing seen
from the fort Mr. Rogers and his clerks were
surprised at dinner. Three escaped: the rest
murdered. The bodies of General Thompson,
Lieutenant Smith, and Mr. Kitzler, were soon
found and brought in. Those of the others
were not found until this morning. That of
General Thompson was perforated with fourteen
bullets. Mr. Rogers had received seventeen.
All were scalped, except the boy. The coward-
ly murderers are supposed to lie a party of Mi-
casookees. 40 or 50 strong, imder the traitor
Powell (Osceola), whose shrill, peculiar war-
whoop, was reco^iized by our interpreters, and
the one or two friendly Indians we have in the
fort, and who knew it welL Two expresses
(soldiers) were despatched upon fresh horses on
the evening of this horrid tragedy, with tidings
of it to General Clinch ; but not hearing from
him or them, we conclude they were cut ofl«
We are also exceedingly anxious for the fate of
the two companies (under Major Dade) which
had been ordered up from Fort Brooke, and of
whom we learn nothing."
Sir, this is the first letter of the disbursing
agent, specially detached to furnish the supplies
to the emigrating Indians. He arrives in the
midst of treachery and murder ; and his first
letter is to announce to the government the as-
sassination of their agent, an officer of artillery,
and ^YQ citizens ; the assassination of two ex-
presses, for they were both waylaid and mur-
dered; and the massacre of one hundred and
twelve men and officers under Miyor Dade. All
this took pUioe at once ; and this was the be-
ginning of the war. Up to* that moment the
government of the United States were wholly
employed in preparing the Indians for removal,
recommending them to go, and using no force or
violence upon them. This is the way the war
was brought on ; this is the way it began ; and
was there ever a case in which a government
was so loudly called upon to avenge the dead,
to protect the living, and to cause itself to be
respected by punishing the contemners of its
power ? The murder of the agent was a double
ofience, a peculiar outrage to the government
whose representative he was, and a violation
even of the national law of savages. Agents are
seldom murdered even by savages ; and bound
76
THIRTY TSARS' VIEW.
as eyerj goremment is to protect all its citusena,
it is doubly bound to protect its agents and re-
presentatives abroad. Here, then, is a goyem-
ment agent, and a military officer, five citizens,
two expresses, and a detachment of one hundred
and twelve men, in all one hundred and twenty-
one persons, treacherously and inhumanly mas-
sacred in one day ! and because General Jack-
son's administration did not submit to this hor-
rid outrage, he is charged with the guilt of a
war founded in fraud upon innocent and unof-
fending Indians ! Such is the spirit of opposi-
tion to our own government ! such the love of
Indians and contempt of whites ! and such the
mawkish sentimentality of the day in which we
live — ^a sentimentality which goes moping and
sorrowing about in behalf of imaginary wrongs
to Indians and negroes, while the whites them-
selves are the subject of murder, robbeiy and
defiunation.
The prime mover in all this mischief and the
leading agent in the most atrocious scene of it,
was a half-blooded Indian of little note before
this time, and of no consequence in the councils
of his tribe ; for his name is not to be seen in the
treaty either of Payne's Landing or Fort Gibson.
We call him Powell ; by his tribe he was called
Osceola. He led the attack in the massacre of
the agent, and of those who were killed with
him, in the afternoon of the 28th of December.
The disbursing agent, whose letter has been
read, in his account of that massacre, applies the
epithet traitor to the name of this Powell. Well
might he apply that epithet to that assassin ;
ibr he had just been fed and caressed by the
very person whom he waylaid and murdered.
He had come into the agency shortly before that
time with seventy of his followers, professed his
satisfaction with the treaty, his readiness to re-
move, and received subsistence and supplies for
himself and all his party. The most friendly
relations seemed to be established; and the
doomed and deceived agent) in giving his ac-
count of it to the government, says : ^' The re-
sult was that we dosed with the utmost good
feeling ; and I have never seen Powell and the
other chiefs so cheerful and in so fine a humor,
at the close of a discussion upon the subject of
removal."
This is Powell (OsceoU), for whom all our
sympathies are so pathetically invoked ! a
treacherous assassin, not only of our people, but
of his own— ft>r he it was who waylaid, and shot
in the back, in the most cowardly manner, the
brave chief Charley Emarthla^ whom he dared
not fiKse, and whom he thus assassinated because
he refused to join him and his runaway negroes
in murdering the white people. The collector
of Indian curiosities and portraits, Mr. Catlin,
may be permitted to manufacture a hero out of
this assassin, and to make a poetical scene of
his imprisonment on Sullivan's island; bat it
will not do for an American senator to take the
same liberties with historical truth and our na-
tional character. Powell ought to have been
hung for the assassination of General Thomp-
son ; and the only fault of our officers is, that
they did not hang him the moment they caught
him. The fate of Ari>uthnot and Ambrister was
due to him a thousand times over.
I have now answered the accusation of the
senator from New Jersey [Mr. SouTHAan]. I
have shown the origin of this war. I have shown
that it originated in no fraud, no injustice, no
violence, on the part of this government, but in
the thirst for blood and rapine on the part of
these Indians, and in their confident belief that
their swamps would be their protection against
the pursuit of the whites ; and that, emerging
from these festnesses to commit robbery and
murder, and retiring to them to enjoy the fruits
of their marauding expeditions, they had before
them a long perspective of impunity in the en-
joyment of their favorite occupation. This I
have shown to be the cause of the war ; and
having vindicated the administration and the
country from the injustice of the imputation
cast upon them, I proceed to answer some
things said by a senator from South Carolina
[Mr. Pkestom], which tended to disparage the
troops generally which have been employed in
Florida ; to disparage a particular general offi-
cer, and also to accuse that general officer of a
particular and specified ofienoe. That senator
has decried our troops in Florida for the gene-
ral inefficiency of their operations ; he has de-
cried General Jesup for the general imbedlity
of his operations, and he has charged this Gen-
eral with the vioUtion of a flag, and the com-
mission of a perfidious act, in detaining and im-
prisoning the Indian Powell, who came into his
camp.
I think there is great error and great ii^us-
tioe in all these imputations, and that it is right
ANNO IStB. MABTDr VAK BUBEN, PRESIDENT.
77
ibr some senator on this floor to answer them.
My position, as chairman of the Committee on
Military Affiurs, would seem to assign that
dot J to me^ and it may he the reason why
others who have spoken have omitted aU reply
on these points. Be that as it may, I feel im-
pelled to say something in hehalf of those who
are absent, and cannot speak for themselves —
those who mnst always feel the wound of un-
merited censure, and must feel it more keenly
when the bk>w that inflicts the wound falls
from the derated floor of the American Senate.
So fiir as the army, generally, is concerned in
this censure, I might leave them where they
have been placed by the senator from SouUi
Carolina [Mr. Prestom], and others on that side
of the House, if I could limit my self to acting a
political part here. The army, as a body, is no
Mend of the political party to which I belong.
Individuals among them are friendly to the ad-
ministration; but, as a body, they go for the
opposition, and would terminate our political
eziistence, if they could, and put our opponents
in our place, at the first general election that
intervenes. As a politician, then, I might aban-
don them to the care of their political friends ;
but, as an American, as a senator, and as hav-
ing had some connection with the militaiy pro-
fession, I feel myself called upon to dissent from
the opinion which has been expressed, and to
give my reasons for believing that the army has
not suffered, and ou|^t not to suffer, in charac-
ter, by the events in Florida. True, our oflir
oers and soldiers have not performed the same
feats there which they performed in Canada, ^md
elsewhere. But why ? Certainly because tiiey
have not got the same, or an equivalent, theatre
to act upon, nor an enemy to cope with over
whom brilliant victories can be obtained. The
peninsula of Florida, where this war rages, is
sprinkled all over with swamps, hammocks,
and lagoons, believed for three hundred years
to be impernous to the white man's tread.
The theatre of war is of great extent, stretching
over six panJlels of latitude ; all of it in the
sultry region below thirty-one degrees of north
latitude. The extremity of this peninsula ap-
proaches the tropic of Capricorn; and at this
moment, while we speak here^ the soldier under
arms at mid-day there will cast no shadow : a
vertical sun darts its fiery rays direot upon the
crown of his head. Suffixjating heat oppresses
the frame; annoying insects sting the boc^;
burning sands, a spongy morass, and the sharp
cutting saw grass, receive the feet and legs ;
disease follows the summer's exertion ; and a
dense foliage covers the foe. Eight months in
the year military exertions are impossible;
during four months only can any thing be
done. The Indians well understand this; and,
during these four months, either give or receive
an attack, as they please, or endeavor to con-
sume the season in wily parieys. The possi-
bility of splendid military exfdoits does not
exist in such a country, and against such a foe :
but there is room there, and ample room there,
for the exhibition of the highest qualities of the
soldier. There is room there for patience, and
for fortitude, under every variety of sufiering^
and under every form of privation. There is
room there for courage and discipline to exhibit
itself against perils and trials which subject
courage and discipline to the severest test&
And has there been any fiulure of patience, for-
titude, courage^ discipline, and subordination in
all this war t Where is the instance in whidi
the men have revolted against their officers, or
in which the officer has deserted his men?
Where is the instance of a flight in battle?
Where the instance of orders disobeyed, ranks
broken, or confusion of corps? On the con-
trary, we have constantly seen the steadiness,
and the discipline, of the parade maintained
under every danger, and in the presence of
massacre itself Officers and men have fought
it out where they were told to fight; they
have been killed in the tracks m which they
were told to stand. None of those pitiable
scenes of which all our Indian wars have shown
some— those harrowing scenes in which the
helpless prisoner, or the hapless fugitive, is
massacred without pity, and without resist-
ance: none of these have been seen. Many
have perished; but it was the death of the
combatant in arms, and not of the captive or
the fugitive. In no one of our savage wars
have our troops so stood together, and con-
quered together, and died together, as they
have done in this one; and this standing to-
gether is the test of the soldier's character.
Steadiness, subordination, courage, discipline, —
these are the test of the soldier ; and in no iit-
stance have our troops, or any troops, ever
evinced the possession of these qualities in a
higher degree than during the campaigns in
Florida. WhUe, then, brilliant victories may
78
THIRTY YEARS' VlkW.
not haye been seen, and, in fact, were impossi-
ble, yet the highest qualities of good soldier-
ship have been eminently displayed throughout
this war. Courage and discipline hare shown
themselves, throughout all its stages, in tbeir
noblest forms.
From the general imputation of inefficiency
in our operations in Florida, the senator from
South Carolina [Mr. Preston] comes to a par-
ticular commander, and charges inefficiency
specifically upon him. This commander is
General Jesup. The senator from South Caro-
lina has been layish, and even profuse, in his
denunciation of that general, and has gone so
far as to talk about military courts of inquiry.
Leaving the general open to all such inquiry,
and thoroughly convinced that the senator
from South Carolina has no idea of moving
such inquiry, and intends to rest the effect of
his denunciation upon its delivery here, I shall
proceed to answer him here — giving speech for
speech on this floor, and leaving the general
himself to reply when it comes to that threat-
ened inquiry, which I undertake to affirm will
never be moved.
General Jesup is charged with imbecility
and inefficiency ; the continuance of the war is
imputed to his incapacity ; and he is held up
here, on the floor of the Senate, to public repre-
hension for these imputed delinquencies. This
is the accusation ; and now let us see with how
much truth and justice it is made. Happily
for General Jesup, this happens to be a case in
which we have data to go upon, and in which
there are authentic materials for comparing the
operations of himself with those of other gen-
erals— ^his predecessors in the same field — ^with
whose success the senator from South Carolina
is entirely satisfied. Dates and figures furnish
this data and these materials; and, after re-
fireshing the memory of the Senate with a few
dates, I will proceed to the answers which the
facts of the case supply. The first date is, as
to the time of the commencement of this war;
the second, as to the time that General Jesup
assumed the command; the third, as to the
time when he was relieved from the command.
On the first point, it will be recollected that
the war broke out upon the assassination o{
General Thompson, the agent, Lieutenant
Smith, who was with him ; the sutler and his
clerks ; the murder of the two expresses ; and
the massacre of Major Dade's oommaad;—
events which came together in point of time,
and compelled an immediate resort to war by
the United States. These assassinations, these
murders, and this massacre, took place on the
28th day of December, 1835. The commence-
ment of the war, then, dates fixim that day.
The next point is, the time of General Jesup's
appointment to the command. This occurred
in December, 1836. The third point is, the
date of General Jesup's relief from the oom-
mand, and this took place in May, of the pres-
ent year, 1838. The war has then c<mtinued —
counting to the present time — ^two years and a
half; and of that period. General Jeeup has had
command something less than one year and a
half. Other generals had command for a year
before he was appointed in that quarter. Now,
how much had those other generals done! All
put together, how much had they done ? And
I ask this question not to disparage their meri-
torious exertions, but to obtain data for the
vindication of the officer now assailed. The
senator from South Carolina [Mr. Preston] is
satisfied with the operations of the previous
commanders ; now let him see how the opera-
tions of the officer whom he assails will com-
pare with the operations of those who are hon-
ored with his approbation. The comparison is
brief and mathematical It is a problem in the
exact sciences. (General Jesup reduced the
hostiles in the one year and a half of his com-
mand, 2,200 souls: aU his predecessors together
had reduced them 150 in one year. Where
does censure rest now 1
Sir, I disparage nobody. I make no exhibit
of comparative results to undervalue the operar-
tions of the previous commanders in Florida. I
know the difficulty of military operations there,
and the ease of criticism here. I never assailed
those previous commanders; on the contrary,
often pointed out the nature of the theatre on
which they operated as a cause for the miscar-
riage of expeditions, and for the want of brilliant
and decisive results. Now for the first time I
refer to the point, and, not to disparage others,
but to vindicate the officer assailed. His vindi-
cation is found in the comparison of results be-
tween himself and his predecessors, and in the
approbation of the senator from South Carolina
of the results under the predecessors of General
Jesup. Satisfied with them, he must be satis-
fied with him ; fbr the differenoe is as fifteen to
one in favor of the decried general
ANNO 1888. IIABTIK TAN BUESN, PRESIDENT.
79
Beddea the genfiral denunciation for ineffi-
ciency, which the senator from South Carolina
has layished upon General Jesup, and which de-
nunciation has so completely received its answer
in this comparative statement; hesides this
general denunciation, the senator from South
Carolina hrought forward a specific accusation
against the honor of the same officer — an accusa-
tion of perfidy, and of a violation of flag of
tmce, in the seizure and detention of the Indian
Osceola, who had come into his camp. On the
part of General Jesup, I repel this accusation,
and declare his whole oonduct in relation to this
Indian, to have been justifiable^ under the laws
of civilized or savage warfare ; that it was ex-
pedient in point of policy ; and that if any
blame could attach to the general, it would be
for the contrary of that with which he is
blamed; it would be for an excess of forbear^
anoe and indulgence.
The justification of the general for the seizure
and detention of this half-breed Indian, is the first
point ; and that rests upon several and distinct
grounds, either of which fully justifies the act
1. This Osceola had broken his parole ; and,
therefore, was liable to be seized and detained.
The &cts were these: In the month of May,
1837, this chie^ with his followers, went into
Fort Mellon, under the cover of a white flag, and
there surrendered to Lieutenant Colonel Har-
ney. He declared himoelf done with the war,
and ready to emigrate to the west of the Missis-
sippi, and solicited subsistence and transporta-
tion for himself and his people for that purpose.
Lieutenant Colonel Harney received him, sup-
plied him with provisions, and, relying upon his
word and apparent sincerity, instead of sending
him under guard, took his parole to go td Tampa
Bay, the place at which he preferred to embark,
to take shipping there for the West Supplied
with every thing, Osceola and his people left
Fort Mellon, under the pledge to go to Tampa
Bay. He never went there ! but returned to the
hostiles; and it was afterwards ascertained that
be never had any idea of going West) but merely
wished to live well for a while at the expense
of the whites, examine their strength and posi-
tion, and return to his work of blood and pillage.
After this, he had the audacity to approach
General Jesup's camp in October of the same
year, with another piece of white doth over his
head, thinking, after his suooessfultreadierieBto
the agent, General Thompson, and lient Oolone
Harney, that there was no end to his tricks
upon white people. General Jesup ordered him
to be seized and carried a prisoner to Sullivan's
Island, where he was treated with the greatest
humanity, and allowed every possible indulgence
and gratification. This is one of the reasons in
justification of General Jesup's conduct to that
Indian, and it is sufficient of itself; but there
are others, and they shall be stated.
2. Osceola had violated an order in coming
in^ with a view to return to the hostiles j and^
therefore^ was liable to be detained.
The facts were these: Many Indians, at dif-
ferent times, had come in under the pretext of
a determination to emigrate ; and after receiv-
ing supplies, and vievring the strength and po-
sition of the troops, returned again to the hos-
tiles, and carried on the war with renewed vigor.
This had been done repeatedly. It was making
a mockery of the white flag, and subjecting our
officers to ridicule as w^ll as to danger. Gen-
eral Jesup resolved to put an end to these
treacherous and dangerous visits, by which spies
and enemies obtained access to the bosom of his
camp. He made known to the chief, Col Hadjo,
his determination to that efiect In August,
1837, he declared peremptorily to this chief, fw
the information of all the Indians, that none
were to come in, except to renuun, and to emi-
grate ; that no one coming into his camp again
should be allowed to go out of it, but should be
considered as having surrendered with a view
to emigrate under the treaty, and should be de-
tained for that purpose. In October, Osceola
came in, in violation of that order, and was de-
tained in compliance with it This is a seoond
reason for the justification of General Jesup, and
is of itself sufficient to justify him ; but there
is more justification yet, and I. will state it.
8. Osceola had broken a tnice^ and^ there-
fore, was liable to be detained whenever he
could be taken.
The facts were these : The hostile chiefs en-
tered into an agreement for a truce at Fort
King, in August, 1837, and agreed : 1. Not to
commit any act of hostility upon the whites ;
2. Not to go east of the St John's river, or
north of Fort Mellon. This truce was broken
by the Indians in both points. A citizen was
killed by them, and they passed both to the
east of the St John's and far north of Fort Mel-
lon. As violators of this truce, General Jesiq>
had a right to detain any of the hostiles whidi
80
THIRTT YEAB8* VIEW.
came into hiB hands, and Osceola was one of
these.
Here, sir, are three grounds of justification,
either of them sufficient to justify the conduct
of General Jesup towards Powell, as the gen-
tlemen call him. The first of the three reasons
applies personally and exclusively to that half-
breed ; the other two apply to all the hostile
Indians, and justify the seizure and detention of
others, who have been sent to the West.
^ much for justification ; now for the expe-
diency of having detained this Indian PowelL I
hold it was expedient to exercise the right of
detaining him, and prove this expediency by
reasons both a priori and a posteriorL His
previous treachery and crimes, and his well
known disposition for farther treachery and
crimes, made it right for the officers of the Uni-
ted States to avail themselves of the first justi-
fiable occasion to put an end to his depredations
by confining his person until the war was over.
This is a reason a priori. The reason a pos-
teriori is, that it has turned out right ; it has
operated well upon the mass of the Indians, be-
tween eighteen and nineteen hundred of which,
negroes inclusive, have since surrendered to
Gen. Jesup. This, sir, is a £etct which contains
an argument which overturns all that can be
said on this fioor against the detention of Osce-
ola. The Indians themselves do not view that
act as perfidious or dishonorable, or the viola-
tion of a flag, or even the act of an enemy. They
do not condemn General Jesup on account of it,
but no doubt respect him the more for refusing
to be made the dupe of a treacherous artifice.
A bit of white linen, stripped, perhaps from the
body of a murdered child, or its murdered mo-
ther, was no longer to cover the insidious visits
of spies and enemies. A firm and manly course
was taken, and the efiect was good upon the
minds of the Indians. The number since sur^
rendered is proof of its effect upon their minds ;
and this proof should put to blush the lamenta-
tions which are here set up for Powell, and the
oennire thrown upon General Jesup.
No, sir, no. General Jesup has been guilty
of no perfidy, no fraud, no violation of flags.
He has done nothing to stain his own charac-
ter, or to dishonor the flag of the United States.
If he has erred, it has been on the side of hu-
manity, generosity, and forbearance to the In-
diana. If he has erred, as some suppose, in los-
ing time to parley with the Indiana, that error
has been on the side of humanity, and of confi-
dence in them. But has he erred ? Has his
policy been erroneous? Has the country been
a loser by his policy 1 To all these questions,
let results give the answer. Let the twenty-
two hundred Indians, abstracted from the hos-
tile ranks by his measures, be put in contrast
with the two hundred, or less, killed and taken
by his predecessors. Let these results be com-
pared ; and let this comparison answer the
question whether, in point of fact, there has
been any error, even a mistake of judgment, in
his mode of conducting the war.
The senator tcom South Carolina [Mr. Prss-
ton] complains of the length of time which
General Jesup has consumed without bringing
the war to a dose. Here, again, the chapter
of comparisons must be resorted to in order to
obtain the answer which justice requires. How
long, I pray you, was General Jesup in com-
mand ? firom December, 1836, to May, 1838 ;
nominally he was near a year and a half in
command ; in reali^ not one year, for the scim-
mer months admit of no military operations in
that peninsula. His predecessors commanded
from December, 1835, to December, 1836; a
term wanting but a few months of as long a pe-
riod as the command of General Jesup lasted.
Sir, there is nothing in the ^length of time which
this general commanded, to furnish matter for
disadvantageous comparisons to him; but the
contrary. He reduced the hostiles about one-
half in a year and a half; they reduced them
about the one-twentieth in a year. The whole
number was about 5,000 ; General Jesup di-
minished their number, during his command,
2,200; the other generals had reduced them
about 150. At the rate he proceeded, the work
would be finished in about three years ; at the
rate they proceeded, in about twenty years.
Tet he is to be censured here for the length <^
time consumed without bringmg the war to a
close. He^ and he alone, is selected for cen-
sure. Sir, I dislike these comparisons ; it is a
disagreeable task for me to mak6 them ; but I
am driven to it, and mean no disparagement to
others. The violence with which General Jesup
is assailed here— the comparisons to which he
has been sntyected in order to d^;rade him —
leave me no alternative but to abandon a meri-
torious officer to unmerited censure, or to do-
fend him in the same manner in which he has
beeaassailKL
ANNO 1888. HABTIN VAN BUREN, PRESIDENT.
81
The essentul policy of Geoenl Jesap has
been to indooe the Indiana to come in — ^to rar-
render — and to emigrate under the treaty.
This has been his main, but not his exchiaiTe,
policy ; military operations have been combined
with it; many d^irmishes and actions haye
been fought since he had command ; and it is
remarkable that this general, who has been so
much assailed on this floor, is the only com-
noander-in-chief in Florida who has been wound-
ed in battle at the head of his command. His
person marked with the scars of wounds re-
ceived in Canada during the late war with
Great Britain, has also been struck by a bullet,
in the ftce, in the peninsula of Florida ; yet
these wounds — ^the services in the late war
with Great Britain — the removal of upwards
of 16,000 Creek Indians from Alabama and
Georgia to the West, during the summer of
1836 — and more than twenty-five years of hon-
orable employment in the public service — all
these combined, and an unsullied private char-
acter into the bargain, have not been able to
protect the feelings of this officer from lacera-
tion on this floor. Have not been sufficient to
protect his feelings ! for, as to his character,
that is untouched. The base accusation — the
vague denunciation — ^the ofiensive epithets em-
ployed here, may lacerate feelings, but they do
not reach character ; and as to the military m-
quiry, which the senator from South Carolina
speaks of^ I undertake to say that no such in-
quiry will ever take place. Congress, or either
branch of Congress, can order an inquiry if it
pleases; but before it orders an inquiry, a
probable cause hat to be shown for it; and
that probable cause never has been, and never
will be, shown in General Jesup's case.
The senator from South Carolina speaks of
the large force which was committed to Gene-
ral Jesup, and the little that was effected with
that force. Is the senator aware of the extent
of the country over which his operations ex-
tended ? that it extended from 31 to 25 degrees
of north latitude ? that it began in the Okefe-
nokee swamp in Georgia, and stretched to the
Everglades in Florida ? that it was near five
hundred miles ia length in a straight line, and
the whole sprinkled over with swamps, one of
which alone was equal in length to the distance
between Washington City and Philadelphia?
But it was not extent of country alone, with its
Vol. n.— 6
ftetaeases, its dimate, and its wily foe, that had
to be contended with ; a new element of oppo-
sition was encountered by General Jesup, in
the poisonous information which was conveyed
to the Indians' minds, which encouraged them
to hold out, and of which he had not even
knowledge for a long time. This was the
quantity of false information which was con-
veyed to the Indians, to stimulate and encour-
age their resistance. General Jesup took com-
mand just after the presidential election of 1836.
The Indians were informed of this change of
presidents, and were taught to believe that the
white people had broke General Jackson^that
was the phrase — ^had broke General Jackson
for making war upon them. They were also
informed that General Jesup was carrying on
the war without the leave of Congress ; that
Congress would give no more money to raise
"soldiers to fight tiiem; and that he dared not
come home to Congress. Yes, he dared not
come home to Congress ! These poor Indians
seem to have been informed of intended move-
ments against the general in Congress, and to
have relied upon them both to stop supplies
and to punish the general. Moreover, they
were told, that, if they surrendered to emigrate,
they would receive the worst treatment on the
way J that, if a child cried, it would be thrown
overboard ; if a chief gave offence, he would be
put in irons. Who the immediate informants
of all these fine stories were, cannot be exactly
ascertained. They doubtless originated with
that mass of fknatics, devoured by a morbid
sensibility for negroes and Indians, which are
now Don Q^ixoting over the land, and filling
the public ear with so many sympathetic tales
of their own fabrication.
General Jesup has been censured for writing
a letter disparaging to his predecessor in com-
mand. If he did so, and I do not deny it,
though I have not seen the letter, nobly has he
made the amends. Publicly and officially has
he made amends ibr a private and unofficial
wrong. In an officifd report to the war de-
partment, published by that department, he
said :
^ As an act of justice to all my predecessors
in command, I consider it my duty to say that
the difficulties attending military operations in
this country, can be properly appreciated only
by those acquainted with them. I have advan-
82
THIRTY TEABSf VIEW.
tagee which neither of them possessed, in bet-
ter preparations and more abundant supplies;
and I found it impossible to operate with any
prospect of suocess, until I had established a
line of depots across the country. If I have at
any time said aught in disparagement of the
operations of others in Florida^ either verbally
or in writing, officially or unofficially, know-
ing the country as I now know it, I consider
myself bound as a man of honor solemnly to
retract it"
Such are the amends which General Jesup
makes'-frank and voluntary— full and kindly —
worthy of a soldier towards brother soldiers ;
and &r more honorable to his predecessors in
command than the disparaging comparisons
which have been instituted here to do them
honor at his expense.
The expenses of this war is another head of
attack pressed into this debate, and directed
more against the administration than against
the conmianding general. It is said to have
cost twenty millions of dollars ; but that is an
error — an error of near one-half. An actual
return of all expenses up to February last,
amounts to nine and a half millions ; the rest
of the twenty millions go to the suppression
of hostilities in other places, and with other In-
dians, principally in Qeoigia and Alabama, and
with the Cherokees and Creeks. Sir, this
charge of expense seems to be a standing head
with the opposition at present. Every speech
gives us a dish of it ; and the expenditures un-
der General Jackson and Mr. Van Buren are
constantly put in contrast with those of pre-
vious administrations. Granted that these ex-
penditures are larger — ^that they are greatly in-
creased ; yet what are they increased for ?
Are they increased for the personal expenses of
the officers of the government, or for great na-
tional objects ? The increase is for great ob-
jects I such as the extinction of Indian titles in
the States east of the Mississippi— the removal
of whole nations of Indians to the west of the
Mississippi — their subsistence for a year after
they arrive there — actual wars with some tribes
— the fear of it with others, and the consequent
continual calls for militia and volunteers to
preserve peace — ^large expenditures for the per-
manent defences of the country, both by land
and water, with a pension list for ever increas-
ing ; and other heads of expenditure which are
for future national benefit, and not for present
individual enjoyment. Stripped of all these
heads of expenditure, and tilie expenses of the
present administration have nothing to fear
from a comparison with other periods. Stated
in the gross, as is usually done, and many igno-
rant people are deceived and imposed upon,
and believe that there has been a great waste
of public money; pursued into the detail, and
these expenditures will be found to have been
made for great national objects^-objects which
no man would have undone, to get back the
money, even if it was possible to get back the
money by undoing the objects. No one, for
example, would be willing to bring back the
Creeks, tilie Cherokees, the Choctaws, vaA
Chickasaws into Alabama, Mississippi, Geo^
gia, Tennessee and North Carolina, even if the
tens of millions which it has cost to remore
them could be got back by that means ; and 60
of the other expenditures: yet these eternal
croakers about expense are blaming the goT-
emment for these expenditures.
Sir, I have gone over the answers, which 1
proposed to make to the accusations of the sen-
ators from New Jersey and South Carolina. 1
have shown them to be totally mistaken in all
their assumptions and imputations. I hare
shown that there was no fraud upon the In-
dians in the treaty at Fort Gibson— that the
identical chiefs who made that treaty have
since been the hostile chiefs— that the assassi-
nation and massacre of an agent, two gonat-
ment expresses, an artillery officer, five dtizens,
and one hundred and twelve men of Major
Dade's command, caused the war— that our
troops are not subject to censure for inefficien-
cy— that General Jesup has been wrongAiUy
denounced upon this floor — and that even the
expense of the Florida war, resting as it does in
figures and in documents, has been vastly over-
stated to produce effect upon the public mind.
All these things I have shown ; and I conclade
with saying that cost, and time, and loss of
men, are all out of the question ; that, for ontr
rages so wanton and so horrible as those which
occasioned this war, the national honor requires
the most ample amends ; and the national safe^
requires a future guarantee in prosecuting this
war to a successful close, and completely clear
ing the peninsula of Florida of all the Indians
that are upon it
AKNO 18S& HABTDT VAN BUREIT, PRESIDENT.
83
CHAPTEE XX.
EESXTMPTIOK OF SPECIE PAYMENTS BY THE
NEW YORK BANKS.
The snspensioii oommenoed on tiie 10th of May
in New York, and was followed throughout the
country. In August the New York hanks pro-
posed to all others to meet in convention, and
a^ree upon a time to commence a general re-
sumption. That movement was frustrated by
the opposition of the Philadelphia banks, ibr
the reason, as given, that it was better to await
the action of the extra session of Congress,
then convoked, and to meet in September.
The extra session adjourned early in October,
and the New York buiks, faithful to the prom-
ised resumption of specie payments, immediate-
ly issued another invitation for the general con-
yention of the banks in that city on the 27th
of November ensuing, to cany into effect the
object of the meeting which had been invited
in the month of August The 27th of Novem-
ber arrived; a laige proportion of the delin-
quent banks had accepted the invitation to send
delegates to the convention: but its meeting
was again frustrated — and from the same quar-
ter— the Bank of the United States, and the in-
stitutions under its influence. They then re-
solved to send a c(»nmittee* to Philadelphia to
ascertain from the banks when they would be
ready, and to invite them to name a day when
they would be able to resume ; and if no day
was definitely fixed, to inform them that the
New York banks would commence specie pay-
ments without waiting for their co-operation.
The Philadelphia banks would not co-operate.
They would not agree to any definite time to
take even initiatory steps towards resumption.
This was a disappointment to the public mind
— ^that laige part of it which still had fiuth in
the Bank of the United States ; and the con-
tradiction which it presented to all the previous
professions of that institution, required explan-
ations, and, if possible, reconciliation with past
declarations. The occasion called for the pen
of Mr. Biddle, always ready, always confident,
always presenting an easy remedy, and a sure
one, for all the diseases to which banks, cniv
rency, and finance were heir. It called for
another letter to Mr. John Quincy Adams, that
is to say, to the public, through the distinction
of that gentleman's name. It came — tiie most
elaborate and ingenious of its species ; its bur-
den, to prove the entire ability of the bank
over which he presided to pay in fikll, and
without reserve, but its intention not to do so,
on account of its duty to others not able to fol-
low its example, and which might be entirely
mined by a premature e£R>rt to do so. And
he concluded with condensing his opinion into
a sentence of characteristic and sententious
brevity : '^ On the rohole, ihe coune which in
my judgment the banks ought to pursue, is
simply this : 7%e banks should remain exact'
ly as they are— prepared to resume, but not
yet resuming.^ But he did not stop there, but
in another publication went the length of a
direct threat of destruction against the New
York banks if they should, in conformity to
their promise, venture to resume, saying : ^ Let
the banks of the Empire State come up fh»m
their Elba^ and enjoy their hundred days of re-
sumption ! a Waterloo awaits them, and a Saint
Helena is prepared for them."
The banks of New York were now thrown
upon the necessity of acting without the con-
currence of those of Pennsylvania, and in ftot
under apprehension of opposition and counter-
action ttom that quarter. They were publicly
pledged to act without her, and besides were
under a legal obligation to do sa The legisla-
ture of the State, at the time of the suspension,
only legalised it for one year. The indulgence
would be out on the 15th of May, and for-
feiture of charter was the penalty to be incurred
throughout the State for continuing it beyond
that time. The dty banks had the control of
the movement, and they invited a convention
of delegates from all the banks in the Union to
meet in New York on the 15th of April. One
hundred and forty-three delegates, from the
principal banks in a minority of the States, at-
tended. Only delegates firom fifteen States
voted — Pennsylvania, Maryland and South Car-
olina among the absoit; which, as including the
three principal commercial cities on the Atlan-
tic board south of New York, was a heavy de-
fidcation from the weight of the convention.
Of the fifteen States, thirteen voted for resuming
on the Ist day of January, 1839— « delay of
near nine months ; two voted against that day
84
THIRTy TEARS' VIEW.
— ^New Tork and MisoBsippi ; and (as it often
happens in concurring yotes) for reasons di-
rectly opposite to each other. Hie New Tork
banks so yoted because the day was too distant
— those of Mississippi because it was too near.
The New Tork delegates wished the 15th of
May, to avoid the penalty of the State law :
those of Mississippi wished the Ist of January,
1840, to allow them to get in two more cotton
crops before the great pay-day came. The re-
sult of the voting showed the still great power
of the Bank of the United States. The dele-
gates of the banks of ten States, including those
with which she had most business, eitiier re-
fused to attend the convention, or to vote after
having attended. The rest chiefly voted the
late day, " to faoar the views of Philadelphia
and Baltimore rather than those of New
York*^ So said the delegates, ^^ frankly avow-
ing that their interests and sympathies were
with the former two rather than with the lat-
ter:^ The banks of the State of New Tork
were then left to act alone — and did so. Sim-
ultaneously with the issue of the convention
recommendation to resume on the first day of
January, 1839, they issued another, recommend-
ing all the banks of the State of New Tork to
resume on the lOth day of May, 1838 ; that is
to say, within twenty-five days of that time.
Those of the city declared their determination
to begin on that day, or earlier, expressing their
belief that they had nothing to fear but from
the opposition and '^ deliberate animosity of
others" — ^meaning the Bank of the United
States. The New Tork banks all resumed at
the day named. Their example was immedi-
ately followed by others, even by the institu-
tions in those States whose delegates had voted
for the long day; so that within sixty days
thereafter the resumption was almost general,
leaving the Bank of the United States uncover-
ed, naked, and promment at the head of all the
delinquent banks in the Union. But her power
was still great. Her stock stood at one hun-
dred and twelve dollars to the share, being a
premium of twelve dollars on the hundred. In
Congress, which was still in session, not a tittle
was abated of her pretensions and her assurance
— ^her demands for a recharter — ^for the repeal
of the spade circulai^-and for the condemnation
of the administration, as the author of the mis-
fortones of the country \ of which evils there
were none except the bank suspensions, of
which she had been the secret prime oontmer,
and was now the detected promoter. Brie%
before the New Tork resumption, Mr. Webeter,
the great advocate of the Bank of the United
States, and the truest exponent of her wishes,
harangued the Senate in a set speech in her fa-
vor, of which some extracts will show the de-
sign and spirit :
"And now, sir, we see the upshot of the ex-
periment We see around us bankrupt corpo-
rations and broken promises ; but we see no
promises more really and emphatioiJIy broken
than all those promises of the administration
which gave us assurance of a better currency.
These promises, now broken, notoriouslj and
openly broken, if they cannot be performed,
ought, at least, to be acknowledged. The gov-
ernment ought not, in common fairness and
common honesty, to deny its own respongibili-
ty, seek to escape from the demands of the peo-
ple, and to hide itself out of the way and be-
yond the reach of the process of public opinion,
by retreating into this sub-treasury system.
liet it, at least, come forth ; let it bear a port of
honesty and candor ; let it confess its promises,
if it cannot perform them \ and, above all. now,
even now, at this late hour, let it renounce
schemes and projects, the inventions of pre-
sumption, and the resorts of desperation, and
let it address itself, in all good faith, to the great
work of restoring tne curren(7 by approved and
constitutional means.
^ What say these millions of souls to the sub-
treasury ? In the first place, what says the city
of New Tork, that great commercial emporium,
worthy the gentleman's [Mr. Weight] commen-
dation in 1834, and worthy of his commendation
and my commendation, and all commendation,
at all times ? What sentiments, what opinions,
what feelings, are proclaimed by the thousands
of merchants, traders, manufacturers, and la-
borers ? What is the united shout of all the
voices of all her classes 1 What is it but that
you will put down this new-fangled sub-treasu-
rv system, alike alien to their interests ana
their feelings, at once, and for ever ? What is
it, but that in mercy to the mercantile interest,
the trading interest, the shipping interest the
manufacturing interest^ the laboring class, and
all classes^ you will give up useless and perni-
cious politicSi] schemes and projects, and retiuv
to the plain, straight course of wise and whole-
some legislation ? The sentiments of the city
cannot be misunderstood. A thousand pens
and ten thousand tongues, and a spirited pres>^
make them all known. If we have not already
heard enough, we shall hear more. Emtj"''
rassed, vexed, pressed and distressed, as are her
citizens at this moment, yet their resolution is
not shaken, their spirit is not broken ; 9^^ ^^
pend^upon it, they will not see their commerce?
ANNO 1888. MABTIN VAN BUREN, PRESIDENT.
85
their bnsinefls, their prosperity and their hap-
piness, all sacrificed to preposterous schemes
and political empiricism, without another, and
a yet more vigorous straggle,
^ Sir, I think there is a revolution in public
opinion now going on, whatever may be the
opinion of the member from New York, or
others. I think the fall elections prove this,
and that other more recent events confirm it.
I think it is a revolt against the absolute dicta-
tion of party, a revolt against coercion on the
public judgment ; and, especially, agunst the
adoption of new mischievous expedients on
questions of deep public interest ; a revolt
against the rash and unbridled spirit of change ;
a revolution, in shor^ against ftirther revolu-
tion. I hope, most sincerely, that this revolu-
tion may go on , not^ sir, for the sake of men,
but for the sake of measures, and for the sake
of the country. I wish it to proceed, till the
whole countiy, with an imperative unity of
voice, shall call back Congress to the true poUcy
of the government.
" I verily believe a majority of the people of
the United States are now of the opinion that
a national bank, properly constituted, limited,
and guarded, is both constitutional and expe-
dient, and ought now to be established. So &r
as I can learn, three-fourths of the western peo-
ple are for it. Their representatives here can
form a better judgment ; but such is my opinion
upon the best information which I can obtain.
The South may be more divided, or may be
against a national institution ; but^ lookizig
again to the centre, the North and the East
and comprehending the whole in one view, I
believe the prevalent sentiment is such as I
have stated.
" At the last session great pains were taken
to obtain a vote of this and the other House
against a bank, for the obvious purpose of pla-
cing such an institution out of the fist of reme-
dies, and so reconciling the people to the sub-
treasury scheme. WelL sir, and did those votes
produce any effect ? None at all. The people
did not, and do not, care a rush for them. I
never have seen, or heard, a single man, who
paid the slightest respect to those votes of ours.
The honorf»)le member, to-day, opposed as he is
to a bank, has not even alluded to them. So
entirely vain is it, sir, in this country, to at-
tempt to forestall, commit, or coerce the public
judgment. All those resolutions fell perfectly
dead on the tables of the two Houses. We
noay resolve what we please, and resolve it
when we please ', but if the pieople do not like
it^ at their own good pleasure they will rescind
it; and they are not likely to continue their
approbation long to any system of measures,
however plausible, which terminates in deep
disappointment of all their hopes, for their own
inosperity."
All the friends of the Bank of the United
States came to her assistance in this last trial
The two haUs of Congrees resounded with her
eulogium, and with condemnation of the mea-
sures of the administration. It was a last effort
to save her, and to force her upon the federal
government. Multitudes of speakers on one
side brought out numbers on the other — ^among
those on the side of the sub-treasury and hard
money, and against the whole paper system, of
which he considered a national bank the cita-
del, was the writer of this View, who under-
took to collect into a speech, from history and
experience, the fiMsts and reasons which would
bearupon the contest, and act upon the judg-
ment of candid men, and show the country to
be independent of banks, if it would only wiU
it Some extracts from that speech make the
next chapter.
CHAPTER XXI.
BEBUMFTION OF 8PBCIE PAYMEliTS: HISTOSI-
CAL NOTICES: MB. BEINT0N*8 BPXEOH: EX*
TBACT8.
Thxke are two of those periods, each ni>rlfhig
the termination of a national bank charter, and
each presenting us with the actual results of the
operations of those institutions upon the gene-
ral currency, and each replete with lessons of
instruction applicable to the present day, and
to the present state of things. The first of
these periods is the year 1811, when the first
national bank had run its career of twenty
years, and was permitted by Congress to expire
upon its own limitation. I take for my guide
the estimate of Mr. Lloyd, then a senator in
Congress from the State of Massachusetts,
whose dignity of character and amenity of man-
ners is 80 pleasingly remembered by ^oge who
served with him here, and whose intelligence
and accuracy entitle his statements to the high-
est degree of credit That eminent senator es-
timated the total currency of the country, at
the expiration of the charter of the first na-
tional bank, at sixty millions of dollars, to wit :
ten millions of specie, and fifty millions in bank
notes. Now compare the two quantities, and
mark the results. Our population has precisely
doubled itself since 1811. The increase of our
currency should, therefore, upon the same prin-
ciple of increase^ be the double <tf what it then
86
THIRTY YEARS' VIEW.
WM ; yet it is three times as great as it then
was! The next period which chalknges our
attention is the veto session of 1832, when the
second Bank of the United States, according to
the opinion of its eulogists, had carried the cur-
rency to the ultimate point of perfection.
What was the amount then? According to
the estimate of a senator from Massachusetts,
then and now a member of this body [Mr.
Webster], then a member of the Finance Com-
mittee, and with eyery access to the best infor-
mation, the whole amount of currency was then
estimated at about one hundred millions; to
wit : twenty mfllions in specie, and serenty-five
to eighty millions in bank notes. The increase
of our population since that time is estimated
at twenty per cent. ; so that the increase of our
currency, upon the basis of increased popula-
tion, should also be twenty per cent. This
would give an increase of twenty millions of
dollars, making^ in the whole, one hundred and
twenty millions. Thus, our currency in actual
existence, is nearly one-third more than either
the ratio of 1811 or of 1832 would giro. Thus,
we hare actually about fifty millions more, in
this season of ruin and destitution, than we
should haye, if supplied only in the ratio of
what we possessed at the two periods of what
is celebrated as the best condition of the «ur^
rency, and most prosperous condition of the
country. So much- for quantity ; now for the
solidity of the currency at these respectiye pe-
riods. How stands the question of solidity ?
Sir, it stands thus : in 1811, fiye paper dollars
to one of silyer ; in 1822, four to one ; in 1838,
one to one, as near as can be ! Thus, the com-
paratiye solidity of the currency is infinitely
preferable to what it eyer was before ; for the
increase, under the sagacious policy of General
Jackson, has taken place precisely where it was
needed — at the bottom, and not at the top ; at
the foundation, and not in the roof; at the base,
and not at the apex. Our paper currency has
increased but little ; we may say nothing, upon
the bases of 1811 and 1832 ; our specie has in-
creased immeasurably ; no less than eightrfold,
since 1811, and four-fold since 1832. The
whole increase is specie ; and of that we haye
seyenty millions more than in 1811, and sixty
millions more than in 1832. Such are the
fruits of General Jackson's policy ! a policy
which we only haye to perseyere in for a few
years, to haye our country as amply supplied
with gold and silyer as France and Holland «r« ;
that France and HoUand in which gold is bor-
rowed at three per cent, per annum^ while we
often boiTOw paper money at three per cent a
month.
But there is no specie. Not a ninepenoe to
be got for a seryant ; not a picayune for a beg-
gar; not a ten cent piece for the post-ofiSoe.
Such is the assertion; but how far is it true ?
Go to the banks, and present their notes at
their counter, and it is all too true. No gold,
no silyer, no copper to be had there in redemp-
tion of their solemn promises to pay. Meta-
phorically, if not literally speaking^ a demand
for specie at the counter of a bank might bring
to the unfortunate applicant more kicks than
coppers. But change the direction of the de-
mand ; go to the brokers ; present the bank
note there; no sooner said than done; gold
and silyer spring forth in any quantity; the
notes are cashed; you are thanked for your
custom, inyited to return again ; and thus, the
counter of the broker, and not the counter of
the bank, becomes the place for the redemption
of the notes of the bank. The only part of the
transaction that remains to be told, is the per
centum which is shayed off! And, whoeyer
will submit to that shaying, can haye all the
bank notes cashed which he C9p. carry to them.
Yes, Mr. President, the brokers, and not the
bankers, now redeem the bank notes. There is
no dearth of specie for that purpose. They
haye enough to cash all the notes of the banks,
and all the treasury notes of the goyemment
into the bargain. Look at their placards t not
a yillage, not a city, not a town in the Union,
in which the sign-boards do not salute the eye
of the passenger, inyiting him to come in and
exchai^ his bank notes, and treasury notes,
for gold and silyer. And why cannot the banks
redeem, as well as the brokers? Why can
they not redeem their own notes ? Because a
veto has issued from the city of Philadelphia,
and because a political reyolution is to be efiect-
ed by injuring the country, and then charging
the injury upon the folly and wickedness of the
republican administrations. This is the reason,
and the sole reason. The Bank of the United
States, its affiliated institutions, and its politi-
cal confederates, are the sole obstacles to the
resumption of specie payments. They alone
preyent the resumption. It is they who are
now in terror lest the resumption shall begin.
ASmO 18S8. KABTTir YAS VOKKS, PRESIDENT.
87
«Dd to preTent it, we hear the real shout, and
feel the real application of the raUyiog cry, so
pathetkallj uttered on this floor hj the sena-
tor from Massachusetts [Mr. Webstkb] — once
more to the breach^ dear friends^ once more !
Yes, Mr. President^ the cause of the non-re-
samption of specie payments is now plain and
undeniahle. It is as plain as the sun at high
noon, in a dear sky. No two opinions can dif-
fer about it, how much tongues may differ.
The cause of not resuming is known, and the
cause of suspension will soon be known like-
wise. Gentlemen of the oppositMn charge the
suspension upon the folly, the wickedness, the
insanity, the misrule, and misgoremment of
the outlandish administration, as they classi-
cally call it; expressions wluch apply to the
people who created the administration which
hare been so much vilified, and who have sanc-
tioned their policy by repeated elections. The
opposition charge the suspension to them — ^to
their policy— to their acts— to the veto of 1832
—the removal of the deposits of 1833 — ^the
Treasury order of 1836 — and the demand for
specie for the federal Treasury. This is the
charge of the politicians, and of all who follow
the lead, and obey the impulsion of the dena-
tionalized Bank of the United States. But
what say others whose voice should be poten-
tial, and even omnipotent, on this question?
What say the New York dty banks, where the
suspension began, and whose example was al-
leged for the sole cause of suspension by all the
rest? What say these banks, whose po6itk>n
is at the fountain-head of knowledge, and whose
answer for themselves is an answer for alL
What say they ? Listen, and you shall hear I
for I hold in my hand a report of a committee
of these banks, made under an official injunc-
tion, by their highest officers, and deliberately
approved by all the city institutions. It is
signed by Messrs. Albert Gallatin, George New-
bold, C. C. lAwrenoe, C. Heyer, J. J. Palmer,
Preserved Fish, and G. A. Worth, — seven gen-
tlemen of known and established character ; and
not more than one out of the seven politically
friendly to the late and present administrations
of the federal government. This is their re-
port:
" The immediate causes which thus compelled
the banks of the city of New York to suspend
specie payments on the 10th of May last, are
well known. The simnltaneous withdrawing
of the large public deposits^ and ti excessive
foreign cn^ts. combined with the ^rcat and
unexpected fall in the price of the principal ar-
ticle of our exports, with an import of com and
bread stuffs, such as had never before occurred,
and with the consequent inability of the coun-
try. particuUurly in the south-western States, to
make the usual and expected remittances, did.
at one and the same time, fall principally and
necessarily, on tJie greatest commercial empo-
rium of the Union. After a long and most ar-
duous struggle, during which the banks, though
not altogether unsuccessfully, resisting the im-
perative foreign demand for the precious metals,
were gradually deprived of a great portion or
their specie; some unfortunate incidents of a
load nature, operating in concert with othor
previous exciting causes, produced distrust and
panic, and finalfy one of those general runs,
which, if continaed, no banks that issue paper
money, payable on deAiand can ever resist ; and
which soon put it out of the power of those of
this dty to sustain specie payments. The ex-
ample was followed by the banks throughout
the whole country, with as much rapidity as
the news of the suspension in New York reach-
ed them, without waiting for an actual run ;
and principally, if not exclusively, on the al-
leged grounds of the effects to be apprehended
from Uiat suspension. Thus, whilst the New
York citv banks were almost drained of their
specie, those in other places preserved the
amount which they held before the final catas-
trophe."
These are the reasons! and what becomes
now of the Philadelphia cry, re-echoed by poli-
tacians and subaltern banks, against the ruinous
measures of the administration ? Not a mear
sure of the administration mentioned I not one
alluded to ! Not a word about the Treasury
order ; not a word about the veto of the Na-
tional Bank charter ; not a word about the re-
moval of the deposits from the Bank of the
United States; not « word about the specie
policy of the administr»tion I Not one word
about any act of the government, except that
distribution act, disguised as a deposit law,
which was a measure of Congress, and not of
the administration, and the work of the oppo-
nents, and not the friends of the administration,
and which encountered its only opposition in
the ranks of those friends. I opposed it, with
some half dozen others; and among my grounds
of opposition, one was, that it would endanger
the deposit banks, especially the New York
dty deposit banks, — ^that it would reduce them
to the alternative of choosing between breaking
88
THIRTr TKABff VIEW.
their customers, tnd being broken themselyes.
This was the origin of that act — the work of
the opposition on this floor ; and now we find
that yeiy act to be the cause which is put at
the head of all the causes wbich led to the sus-
pension of specie payments. Thus, the admin-
istration is absolved. Truth has performed its
office. A false accusation is rebuked and
silenced. Censure falls where it is due; and
the authors of the mischief stand exposed in the
double malefaction of having done the mischief,
and then charged it upon the heads of the inno-
cent
But, gentlemen of the oj^sition say, there
can be no resumption until Congress ^^acU
upon the currency,^'* Until Congress acts upon
the currency ! that is the phrase ! and it comes
from Philadelphia ; and the translation of it is,
that there shall be no resumption until Con-
gress submits to Mr. Biddle's bank, and re-
charters that institution. This is the language
from Philadelphia^ and the meaning of the lan-
.guage; but, happily, a diflercnt voice issues
from tiie dty of New York! The authentic
notification is issued from the banks of that
dty, pledging themselves to resume by the 10th
day of May. They declare their ability to re-
sume, and to continue spede payments; and
declare they have nothing to fear, except from
''"deliberate hostility ^^ — an hostility for which
they allege there can be no motive — but of
which they delicately intimate there is danger.
Philadelphia is distinctly unveiled as the seat
of this danger. The resumiog banks fear hos-
tility— deliberate acts of hostility— from that
quarter. They fear nothing from the hostility,
or felly, or wickedness of this administration.
They fear nothing from the Sub-Treasury bill.
They fear Mr. Biddle's bank, and nothing else
but his bank, with its confederates and subal-
terns. They mean to resume, and Mr. Biddle
means that they shall not. Henceforth two
flags will be seen, hoisted from two great cities.
The New York flag will have the word resump-
tion inscribed upon it; the Philadelphia flag
will bear the inscription of non-resumption, and
destruction to all resuming banks.
I have carefully observed the conduct of the
leading banks in the United States. The New
York banks, and the prindpal deposit banks,
had a cause for stopping which no others can
plead, or did plead. I announced that cause.
not once, but many times, on this floor ; not
only during the passage of the distribution law,
but during the discossion of those femous Isod
bills, which passed this chamber ; and one of
which ordered a peremptory distribution of
sixty-four millions, by not only taking what
was in the Treasury, but by reaching back, and
taking all the proceeds of the land sales for
years preceding. I then declared in my place,
and that repeatedly, that the banks, havlDg
lent this money under our instigation, if called
upon to reimburse it in this manner, must be
reduced to the alternative of breaking their
customers, or of being broken themselves.
When the New York banks stopped, 1 made
great allowances for them ; but I could not jusr
tify others for the rapidity with which they
followed their example ; and stiU less can I jus-
tify them for their tardiness in, following the
example of the same banks in resuming. Now
that the New York banks have come forward
to redeem their obligations, and have shown
that sensibility to their own honor, and that
regard for the punctual performance of their
promises, which once fbrmed the pride and
glory of the merchant's and the bonkei^'s cha^
acter, I feel the deepest anxiety for their sno-
cess in the great contest which is to ensa&
Their enemy is a cunnii^ and a poweriiil oney
and as wicked and unscrupulous aa it is cunning
and strong. Twelve years ago, the president of
that bank which now forbids other banks to re-
sume, declared in an official communication to
the Finance Committee of this body, ^tM
there foere but few State banks which the Bcaik
of the United States could not DESTROY
by an exertion of its PO WER^ Since that
time it has become more powerful; and, besides
its political strength, and its allied institution^
and its exhaustless mine of resurrection notes,
it is computed by its friends to wield a power
of one hundred and fifty millions of dollars ! all
at the beck and nod of one single man ! for his
automaton directors are not even thought of!
The wielding of this immense power, and its
fetal direction to the destruction of tiie resum-
ing banks, presents the prospect of a fearful
conflict ahead. Many of the local banks will
doubtless perish in it; many individuals will
be ruined ; much mischief will be done to the
commerce and to the business of different
places ; and all the destruction that is axxom^
ANNO 18S8. MABfira VAIT BUBSN, PBSSIDENT.
89
pliflhed will be charged iqxm some act of the
administration — ^no matter what — ^for whateTer
is given out from the Philadelphia head is incon*
tinently repeated by ail the obsequious follow-
ers, until the signal is given to open upon some
new cry.
Sir, the honest commercial banks have re-
somed, or mean to resume. They have re-
sumed, not upon the fictitious and delusive
credit of legislative enactments, but upon the
solid basis of gold and silver. The hundred
millions of specie which we have accumulated
in the country has done the business. To that
hundred milli<»is the country is indebted for
this early, easy, proud and glorious resumption !
— and here let us do justice to the men of this
day — ^to the policy of General Jackson — and to
the success of the ezperiments^to which we
are indebted for these one hundred millions.
Let us contrast the events and effects of the
stoppages in 1814^ and in 1819, with the events
and effects of the stoppage in 1837, and let us
see the difference between them, and the
causes of that differenee. The stoppage of 1814
compelled the government to use depreciated
bank notes during the nmamder of the war,
and up to the year 1817. Treasuiy notes, even
bearing a large intenest) were depreciated ten,
twoity, thirty per cent. Bank notes were at
an equal depreciation. The losses to the gov-
ernment ttom depredated paper in loans alone,
during the war, were computed by a committee
of the House of Representatives at eighty mil-
lions of dollars. Individuals suffered in the
same proportion; and every transaction of life
bore the impress of the general calamity.
Specie was not to be had. There was, nation-
ally speaking, none in the country. The spede
standard was gone ; the measure of values was
lost ; a fiuetnating p^)er money, ruinously de-
preciated, was the medium of all exchanges. To
extricate itself from this deplorable condition,
the expedient of a National Bank was resorted
to — ^tfaat measure of so much humiliation, and of
so much misfortune to the republican party.
For the moment it seemed to give relief and to
restore national prosperity; but treadierous
and delusive was the seeming boon. The banks
resumed— relapsed— and every evil of the pre-
vious suspension returned upon the country
with incTMSed and aggravated force.
PoUtidans alone have taken up this matter,
and have proposed, for the first time since the
foondation of the government — for the first
time in 48 years — ^to compel the government to
receive paper money for its dues. The pretext
is, to aid the banks m resunung ! This, indeed,
is a marvellous pretty conception! Aid the
banks to resume ! Why, sir, we cannot pre-
vent them from resuming. Every solvent,
commercial bank in the United States either
has resumed, or has declared its determination
to do so in the course of the year. The insol-
vent) and the political banks, which did not
mean to resume, will have to foUow the New
York example, or die ! Mr. Biddle's bank must
follow the New York lead, or die! The good
banks are with the country : the rest we defy.
The political banks may resume or not, as they
please, or as they dare. If they do not^ they
die ! Public opinion, and the laws of the land,
vrill exterminate them. If the president of the
miscalled Bank of the United States has made
a mistake in recommending indefinite non-
resumption, and in proposing to establish a con-
federation of broken banks, and has found out
his mistake, and wants a pretext for retreating,
let him invent one. There is no difSoully in
the case. Any thing that the government
does, or does not— any thing that has happened,
will happen, or can happen — will answer the
purpose. Let the president of the Bank of the
United States give out a tune : incontinently it
will be sung by every bank man in the United
States; and no matter how ridiculous the ditty
may be, it will be celebrated as superhuman
music.
But an enemy lies in wait for them! one
that foretells their destruction, is able to de-
stroy them, and which looks for its own suc-
cess in thdr ruin. The report of the commit-
tee of the New York banks expressly refers to
**act8 of deliberate hostility " firom a neigh-
boring institution as a danger which the resum-
ing banks might have to dread. The reference
was plain to the miscalled Bank of the United
States as the source of this danger. Since that
time an insolent and daring threat has issued
ttom Philadelphia, bearing the marks of its
bank paternity, openly threatening the resum-
ing banks of New York with destruction. This
is the threat : ^ Let the banks of the Empii^
State come up from their Elba, and enjoy
their hundred days of resumption; a Water-
90
THIRTY YEAB8* VIEW.
loo awaits them^ and a St Helena is prepared
for themJ^ Here ib a direct menace, and com-
ing from a source which is able to make good
what it threatens. Without hostile attacks,
the resuming banks have a perilous process to
go through. The business of resumption is al-
ways critical. It is a case of impaired credit,
and a slight circumstance may ezcite a panic
which may be fatal to the whole. The public
haying seen them stop payment, can readily be-
lieve in the mortality of their nature, and that
another stoppage is as easy as the former. On
the slightest alarm — on the stoppage of a few
inconsiderable banks, or on the noise of a
groundless rumor — a general panic may break
out Sauve qui pent save himself who can
— becomes the cry with the public; and al-
most every bank may be run down. So it was
in England after the long suspension there from
1797 to 1823 ; so it was in the United States
after the suspension from 1814 to 1817 ; in each
country a second stoppage ensued in two years
after resumption; and these second stoppages
are like relapses to an individual after a spell
of siclmess : the relapse is more easily brought
on than the original disease, and is far more
dangerous.
The banks in England suspended in 1797 —
they broke in 1825 ; in the United SUtes it
was a suspension during the war, and a break'
ing in 1819-20. So it may be again with us.
There is inmunent danger to the resuming
banks, without the pressure of premeditated
hostility ; but, with that hostility, their pros-
tration is almost certain. The Bank of the
United States can crush hundreds on any day
that it pleases. It can send out its agents into
every State of the Union, with sealed orders to
be opened on a given day, like captains sent in-
to different seas ; and can break hundreds of
local banks within the same hour, and over an
extent of thousands of miles. It can do this
with perfect ease — ^the more easily with resur-
rection notes — and thus excite a universal panic^
crush the resuming banks, and then charge the
whole upon the government This is what it
can do; this is what it has threatened; and
stupid is the bank, and doomed to destruction,
that does not look out for the danger, and forti-
fy against it In addition to all these dangers,
the senator from Kentucky, the author of the
resolution himself, tells you that these banks
must fail againl he teUa yon ihey will fail ! and
in the very same moment he presses the com-
polsory reception of all the notes on all these
banks upon the federal treasury ! What is this
but a proposition to ruin the finances— to bank-
rupt the Treasury — to disgrace the adminis-
tration—to demonstrate the incapacity of the
State banks to serve as the fiscal agents of the
government, and to gain a new argument for
the creation of a national bank, and the ele-
vation of the bank party to power? This is
the dear inference from the proportion; and
viewing it in this light, I feel it to be my dntjr
to expose, and to repel it, as a pn^sition to
inflict mischief and disgrace upon the countiy.
But to return to the pomt, the contrast be-
tween the effects and events of former bank
stoppages, and the effiscts and events of the
present one. The effects of the former were in
sink the price of labor and of property to the
lowest point, to fill the States with stop laws,
relief laws, property laws, and tender laws; to
ruin nearly all debtors, and to make property
change lurnds at fatal rates ; to compel the fed-
eral government to witness the heavy depreda-
tion of its treasuiy notes, to receive its reve
nues in depreciated paper ; and, finally, to sub-
mit to the establishment of a national bank as
the means of getting it out of its deplorable
condition — ^that bank, the establishment of
which was followed by the seven years of the
greatest calamity which ev^r afflicted the conn-
try ; and from which calamity we then had to
seek relief from the tariff, and not firom more
banks. How different the events of the present
time ! The banks stopped in May, 1837 ; they
resume in May, 1838. Their paper depreciated
but little ; property, except in a few places, was
but slightiy affected ; the price of produce con-
tinued good ; people paid their debts without
sacrifices ; treasury notes, in defiance of politi-
cal and moneyed combinations to depress them,
kept at or near par ; in many places above it;
the government was never brought to receive
its revenues in depreciated paper; and finally
all good banks are resuming in the brief space
of a year; and no national bank has been cre-
ated. Such is the contrast between the two
periods ; and now, sir, what is all this owing
to? what is the cause of this great difierence in
two similar periods of bank stoppages ? It i^
owing to our gold bill of 1834^ by which ^ve
ANNO 188& MARTIN VAN BUREN, PRESIDENT.
91
corrected the errooeous standard of gold, and
which is now giring ns an avalanche of that
metal ; it is owing to our sUyer bill of the same
year, by which we repealed the disastrous act
of 1819, against the circulation of foreign silver,
and which is now spreading the Mexican dol-
lars ail oyer the country ; it is owing to our
movements against small notes under twenty
dollars; to our branch mints, and the increased
activity of the mother mint ; to our determina-
tion to revive the currency of the constitution,
and to our determination not to fiill back upon
the local paper currencies of the States for a
national currency. It was owing to these
measures that we have passed tilirough this
bank stoppage in a style so difierent from
what has been done heretofore. It is owing to
our ^ experiment" on the curren<7 — to our
*^ humbug" of a gold and silver currency— to
our ** tampering'" with the monetary system
— ^it is owing to these that we have had this
signal success in this last stoppage, and are now
victorious over aU the prophets of woe, and over
all the architects of mischief. These experi-
menu, this humbugging, and this tampering,
has increased our specie in six years from twen-
ty millions to one hundred millions ; and it is
these one hundred millions of gold and silver
which have sustained the country and the gov-
ernment under the shock of the stoppage — ^has
enabled the honest solvent banks to resume,
and will leave the insolvent and political banks
without excuse or justification for not resum-
ing. Our experiments — ^I love the word, and
am sorry that gentlemen of the opposition have
ceased to repeat it— have brought an avalanche
of gold and silver into the country ; it is satu-
rating us with the precious metals, it has re-
lieved and sustained the country; and now
when these experiments have been successful —
have triumphed over all opposition — gentlemen
cease their ridicule, and go to work with their
paper-money resolutions to force the govern-
ment to use paper, and thereby to drive off the
gold and silver which our policy has brought
into the country, destroy the specie basis of the
banks, give us an exclusive paper currency
again, and produce a new expansion and a new
explosion.
Justice to the men of this day requires these
things to be stated. They have avoided the
errors of 1811. They have avoided the pit into
which they saw their predecessors &11. Those
who prevented the renewal of the bank charter
in 1811, did nothing else but prevent its re-
newal ; they provided no substitute for the
notes of the bank ; did nothing io restore the
currency of the constitution ; nothing ia revive
the gold carrmcy ; nothing to increase the spe-
cie of the country. They fell back upon the
exclusive use of local bank notes, without even
doing any thing to strengthen the local banks,
by discarding their paper under twenty dollars.
They feu back upon the local banks ; and the
consequence was, the total prostration, the ut-
ter helplessness, the deplorable inability of the
government to take care of itself or to relieve
and restore the country, when the banks failed.
Those who ]»«vented the recharter of the
second Bank of the United States had seen all
this ; and they determined to avoid such error
and calamity. They set out to revive the na-
tional gold currency, to increase the silver cur>
rency, and to reform and strengthen the bank-
ing system. They set out to do these things ;
and they have done them. Agunst a powerful
combined political and moneyed confederation,
they have succeeded ; and the one hundred mil-
lions of gold and silver now in the country at-
tests the greatness of their victory, and insures
the prosperity of the country against the ma-
chinations of the widsed and the factious.
CHAPTER XXII.
ICR. GLAY^ fiESOLUTION IN FAVOR OF BESUM-
INO BANKS, AND MS. BENTON^ BBMABKB UPON
IT.
After the New York banks had resolved to
recommence specie payments, and before the
day arrived for doing so, Mr. Clay submitted a
resolution in the Senate to promote resumption
by making the notes of the resuming banks re-
ceivable in payment of all dues to the federal
government It was clearly a movement in be*
half of the delinquent banks, as those of New
York, and others, had resolved to return to
specie payments without requiring any such
condition. Nevertheless he placed the banks
of the State of New York in the front rank for
the benefits to be received under his proposed
92
THJETY TEABSr VIEW.
measure. Thej had undertaken to reoommenoe
payments, he said, not from any ability to do
so, but from compulsion under a law of the
State. The receivabUity of their notes in pay-
ment of all federal dues would give them a
credit and circulation which would prevent
their too rapid return for redemption. So of
others. It would be a help to all in getting
through the critical process of resumption ; and
in helping them would benefit the business and
prosperity of the oountiy. He thought it wise
to give that assistance ; but reiterated his opin-
ion that, nothing but the establishment of a
national bank would effectually remedy the
evils of a disordered currency, and permanently
cure the wounds under which the country was
now suffering. Mr. Bentou replied to Mr.
Clay, and said:
This resolution of the senator from Kentucky
[Mr. Clat], is to aid the banks to resume— 4»
aid, encourage, and enable them to resume.
This is its object, as declared by its mover;
and it is offered here after the leading banks
have resumed, and when no power can even
prevent the remaining solvent banks from re-
suming. Doubtless, immortal glory will be
acquired by this resolution ! It can be heralded
to all comers of the country, and celebrated in
all manner of speeches and editonals, as the
miraculous cause of an event which had already
occurred ! Yes, si]>-^ready occurred I for the
solvent banks have resumed, are resuming, and
will resume. Every solvent bank in the United
States will have resumed in a few months, and
no efforts of the insolvents and their political
confederates can prevent it. In New York the
resumption is general; in Massachusetts, Rhode
Island, Maine, and New Jersey, it is partial;
and every where the solvent banks are prepar-
ing to redeem the pledge which they gave when
they stopped— <Aa< of resuming whenever New
York did. The insolvent and political banks
will not resume at all, or, except for a few
weeks, to fail again, make a panic and a new run
upon the resuming banks — stop them, if possi-
ble, then charge it upon the administration, and
recommence their lugubrious cry for a National
Bank.
The resumption will take place. The masses
of gold and silver pouring into the country
under the beneficent effects of General Jackson's
hard-money policy, will enable every solvent
bank to resume ; a moral sense, and a fear of
consequences, will compel them to do it The
importaticms of specie are now enormous, and
equalling every demand, if it was not sap-
pressed. There can be no doubt but that the
quantity of specie in the country is equal to the
amount of bank notes in circulation — ^that they
are dollar for dollar— that the country is hetter
off for money at this day than it ever was be-
fore^ though shamefully deprived of the use of
gold and silver by the political and insolvent
part of the banks and their confederate poli-
The solvent banks will resume, and Gongrefis
cannot prevent them if it tried. They have
received the aid which they need in the
$100,000,000 of gold and silver which now re-
lieves the country, and distresses the politicisnB
who predicted no relief, until a national bank
was created. Of the nine hundred banks in the
country, there are many which never can re-
sume, and which should not attempt it, except
to wind up their affairs. Many of these are
rotten to the core, and will fidl to pieces the
instant they are put to the specie test Some
of them even fiul now for rags ; several hare so
failed in Massachusetts and Ohio, to say nothing
of those called wild cats — ^the progeny of a gen-
eral banking law in Michigan. We want a re-
sumption to discriminate between banks, and
to save the community from impositions.
We wanted specie, and wo have got it Five
years ago— at the veto session of 1832— there
were but twenty millions in the oountiy. So
said the senator fix>m Massachusetts who hss
just resumed his seat [Mr. Webster]. We
have now, or will have in a few weeks, one
hundred millions. This is the salvation of the
country. It compels resumption, and has de-
feated all the attempts to soouige the country
into a submission to a national bank. While
that one hundred millions remains, the country
can place at defiance the machinations of the
Bank of the United States, and its confederate
politicians, to perpetuate the suspension, and to
continue the reign of rags and shin-plasters.
Their first object is to get rid of these hundred
millions, and all schemes yet tried have &iled
to counteract the Jacksonian policy. Ridicule
was tried first; deportation of specie was tried
next; a forced suspension has been continued
for a year ; the State governments and the peo*
ANNO 18S8. MABTIK VAK BUBEN, PRESIDENT.
98
pie were Tanqnished ; still the specie came in,
because the Meral govermnent created a de-
mand for it This firm demand has fhistrated
all the schemes to drive off specie, and to deliyer
up the country to the dominion of the papers
money party. This demand has been the
stumbling block of that party ; and this resolu-
tion now comes to remove that stumbling
block. It is the most lerolting proposition ever
made in this Congress ! It is a flagrant Tiola-
tion of the constitution, by making paper money
a tender both to and from the goyemmeiit It
is fraught with ruin and destruction to the pub-
lic property, the public Treasury, and the pub-
lic creditors. The notes of nine hundred banks
are to be receired into the Treasury, and dis-
bursed from the Treasury. They are to be
paid out as well as paid in. The ridiculous
proYiso of willingness to receive them on the
part of the public creditor is an insult to him ;
for there is no choice— it is that or nothing.
The disbursing officer does not offer hard money
with one hand, and paper with the other, and
tell the creditor to take his choice. No! he
ofiers paper or nothing ! To talk of willing^
ness, when there is no choice, is insult, mockery
and outrage. Great is the loss of popularity
which this administration has sustained from
paying out depreciated paper ; great the decep-
tion which has been practised upon the gov-
ernment in representing this paper as being
willingly received. Necessity, and not good
vrin, ruled the creditor; indignation, resent-
ment, and execrations on the administration,
were the thanks with which he received it.
This has disgraced and injured the administra-
tion more than aQ other causes put together ;
it has lost it tens of thousands of true friends.
It is now getting into a condition to pay hard
money; and this resolution comes to prevent
such payment, and to continue and to perpetu-
ate the ruinous paper-money payments. Defeat
the resolution, and the government will quickly
pay all demands upon it in gold and silver, and
will recover its popularity ; pass it, and paper
money will continue to be paid out, and the ad-
ministration will continue to lose ground.
The resolution proposes to make the notes of
900 banks the currency of the general goverUr
ment, and the mover of the resolution tells you,
at the same time, that all these banks will fiul !
that they cannot continue specie payments if
they begin ! that nothing but a national bank
can hold them up to specie payments, and that
we have no such bank. This is the language
of the mover ; it is the language, also, of all his
party; more than that — ^it is the language of
Mr. Biddle's letter — that letter which is the
true exposition of the principles and policy of
the opposition party. Here, then, is a proposi-
tion to compel the administration, by law, to
give up the public lands for the paper of banks
which are to fail — to fill the Treasury with the
paper of such banks — and to pay out such
paper to the public creditors. This is the prop^
osition, and it is nothing bat another form of
accomplishing what was attempted in this
chamber a few weeks ago, namely, a direct re-
ceipt of irredeemable paper money ! That prop-
osition was too naked and glaring ; it was too
rank and startling ; it was rebuked and repulsed.
A drcuitous operation is now to accomplish
what was then too rashly attempted by a direct
movement. Receive the notes of 900 banks for
the lands and duties ; these 900 banks will all
&il again ; — so says the mover, because there is
no king bank to regulate them. We have then
lost our lands and revenues, and filled our
Treasury with irredeemable paper. This is
just the point umed at by the original propo-
sition to receive irredeemable paper in the first
instance: it ends in the reception of such
paper. If the resolution passes, there will be
another explosion : fbr the reoeivability of these
notes for the public dues, and especially for the
public lands, will run out another vast expan-
sion of the paper system— to be followed, of
course, by another general explosion. The only
way to save the banks is to hold them down to
specie payments. To do otherwise, and espe-
cially to do what this resolution proposes, is to
make the administration the instrument of its
own disgrace and degradation — ^to make it join
in the ruin of the finances and the currency — ^in
the surrender of the national domain for broken
bank paper — and in producing a new ay for a
national bank, as the only remedy for the evils
it has produced.
[The measure proposed by Mr. Olat was de-
feated, and the experiment of a specie currency
for the government was continued.]
94
THIRTY TEABSf VIEW.
CHAPTER XXIII.
EESUMPTION BY THE PENNSYLVANIA. UNITED
STATES BANK ; AND OTHEBS WHICH FOLLOW-
ED HEB LEAD.
The lesiunption by the New York banks had
its effect Their example was potent, either to
craspend or resume. All the banks in the Union
had followed their example in stopping spedo
payments: more than half of them followed
them in recommencing payments. Those which
did not reoommenoe became obnoxious to pub-
lic censure, and to the suspicion of either dis-
honesty or insolvency. At the head of this de-
linquent class stood the Bank of the United
States, justly held accountable by the public
voice for the delinquency of all the rest Her
position became untenable. She was compelled
to descend from it; and, making a merit of ne-
cessity, she affected to put herself at the head
of a general resumption ; and in pursuance of
that idea invited, in the month of July, through
a meeting of the Philadelphia banks, a general
meeting in that city on the 25th of that month,
to consult and fix a time for resumption. A
few banks sent delegates; others sent letters,
agreeing to whatever might be done. In all
there were one hundred and forty delegates, or
letters, from banks in nine States; and these
delegates and letters forming themselyes into a
general convention of banks, passed a resolution
for a general resumption on the 13th of August
ensuing. And thus ended this struggle to act
upon the government through the distresses of
the country, and coerce it into a repeal of the
specie circular — ^into a recharter of the United
States Bank — the restoration of the deposits —
and the adoption of the notes of this bank for a
national currency. The game had been over-
played. The public saw through it, and derived
ft lesson from it which put bank and state per-
manently apart, and led to the exclusive use of
gold and silver by the federal government; and
the exclusive keeping of its own moneys by its
own treasurers. All right-minded people re-
joiced at the issue of the struggle ; but there
were some that well knew that the resumption
on the part of the Bank of the United States
was hollow and deceptive — that she had no
foundations, and would stop again, and for ever.
I said this to Mr. Van Buren at the time, and
he gave the opinion I expressed a better aooept*
ance than he had acc<Mrded to the previoufl one
in February, 1837. Parting from him at the
end of the session, 1838-'39, 1 said to him, this
bank would stop before we meet again ; that is
to say, before I should return to Congresfi. It
did so, and for ever. At meeting him the easor
mg November, he was the first to remark upon
the truth of these predictions.
CHAPTER XXIV.
PROPOSED Ain^EXiLTION OF TEXAS : MB. PBES-
TON'S MOTION AND 8PEE0H: £XTBAar&
The republic of Texas had now appUed for Ad-
mission into the federal Union, as one of its
States. Its minister at Washington, Memncin
Hunt, Esq., had made the formal implication to
our executive government. That was one ob-
stacle in the way of annexation removed. It
was no longer an insult to her to propose to
annex her; and she having consented, it referred
the question to the decision of the United
States. But there was still another objection,
and which was insuperable : Texas was still at
war with Mexico ; and to annex her was to an-
nex the war — a consequence which morality
and policy equally rejected. Mr. Preston, of
South Carolina^ brought in a resolution on the
subject— not for amiexation, but for a legislar
tive expression in fitvor of the measure, as a
basis for a tripartite treaty between the United
States, Mexico and Texas; so as to effect the
annexation by the consent of all parties, to
avoid all cause of offence ; and unite our own
legislative with the executive authority in ao-
complishing the measure. In support of tbiB
motion, he delivered a speech whidi, as showing
the state of the question at the time, and pre-
senting sound views, and as constituting a link
in the history of the Texas annexation, is here
introduced-HSome extracts to exhibit its lead-
ing ideas.
" The proposition which I now submit in re-
gard to this prosperous and self-dependent State
would be indecorous and presumptuous, had not
ANNO 1888. MABTIN YAK BUBEN, PRESIDENT.
95
the lead been giyen by Texas herself. It ap-
pears by the corresponaenco of the envoy extra-
ordinary of that republio^with our own govern-
ment, that the <)uestion of annexation on certain
terms and conditions has been submitted to the
people of the republic^ and dedded in the affirm-
ative by a very large majority ; whereapon, and
in pursuance of instructions from his govern-
ment, he proposes to open a negotiation for the
accomplishment of that object The correspond-
ence has been communicated upon a call from
the House of Representatives, and thus the
proposition becomes a fit subject for the delibe-
ration of Congress. Nor is it proposed by my
resolution, Mr. President, to do any thing which
could be justly construed into cause of offence
by Mexico. The terms of the resolution guard
our relations with that republic; and the spirit
in which it is conceived is entirely averse to
any compromise of our national fiuth and honor,
for any object, of whatever magnitude. More
especially would I have our intercourse witii
Mexico characterized by fair dealing and mode-
ration^ on account of her unfortunate condition,
resultmg from a longHX>ntinued series of intes-
tine dissensions, which all who have not been
bom to liberty must inevitably encounter in
seeking fbr it. As long, therefore^ as the pre-
tensions of Mexico are attempted to be asserted
by actual force, or as long as there is any rea-
sonable prospect that she has the power and the
will to resubjugate Texas, I do not propose to
interfere. My own delib^ate conviction, to be
sure, i& that that period has already passed ;
and I oeg leave to say that^ in my judgment,
there is more danger of an mvasion and con-
quest of Mexico by Texas, than that this last
will ever be reannexed to Mexico.
'*! disavow, Mr. President, all hostile pur-
poses, or even ill temper, towards Mexico ; and
1 trust that I impugn neither the policy nor
principles of the administration. I therefore
feel myself at liberty to proceed to the discus-
sion cf the points made in the resolution, en-
tirely disembarrassed of any preliminary ob-
stacle, unless, indeed, the mode by which so
important an act is to be effected may be con-
sidered as interposing a difficulty. If the ob-
ject itself be within the competency of this gov-
ernment, as I shall hereafter endeavor to show,
and both parties consent, every means mutually
agreed upon would establish a joint obligation.
'Hie acquisition of new territory has heretofore
been effected by treaty, and this mode of pro-
ceeding in regard to Texas has been proposed
by her minister; but I believe it would com-
port more with the importance of the measure,
that both branches of the government shoula
concur, the legislature expressing a previous
opinion; and, this being done, mL difficulties,
of all kinds whatsoever, real or imaginary,
mi^t be avoided by a treaty tripartite between
Mexico, Texas, and the United States^ in which
the assent and Gonfirmati<m of Mexico (for a
pecuniary consideration, if you choose) might
be had, without infringing the acknowledged
independence and fi'ee agency of Texas.
" The treaty, Mr. President, of 1819, was a
great oversight on the part of the Soutliem
States. We went into it blindly, I must say.
The great importance of Florida, to which the
public mind was strongly awakened at that
time by peculiar drcumstances, led us precip-
itately into a measure by which we threw a
gem away that would have boueht ten Flori-
das. Under any drcumstances, Florida would
have been ours m a short time ; but our impa-
tience induced us to purchase it by a territory
ten times as large — a hundred times as fertile,
and to give five millions of dollars into the bai^
gain. Sir^ I resign myself to what is done ; I
acquiesce m the inexorable past ; I propose no
wild and chimerical revolution in the established
order of things, for the purpose of remedying
what I conceive to have been wrong originally.
But this I do propose : that we should seize the
fkir and just occasion now presented to remedy
the mistake which was made in 1819 ; that we
should repair as &r as we can the evil effect of
a breach of the constitution; that we should
re-establish the integrity of our dismembered
territory, and get back into our Union, by the
just and honorable means providentially offered
to us, that fiur and fertile province which, in an
evil hour, we severed from the confedera(y.
^ But the boundary line established by the
treaty of 1819 not onl^ deprives us of this ex-
tensive and fertile territory, but winds with "a
deep indent" upon the valley of the Mississippi
itself rtmnine upon the Red River and the Ar-
kansas. It places a foreign nation in the rear
of our Mississippi settlements, and brmgs it
within a stone's throw of that great outlet
which discharges the commerce of half the
Union. The mouth of the Sabine and the
mouth of the Mississippi are of a dangerous
vidnity. The great oqject of the purchase of
Louisiana was to remove all possible interfer-
ence of foreign States in the vast commerce of
the outiet of so many States. By the cession
of Texas, this policy was, to a certain extent^
compromised.
^ The committee, it appears to me, has been
led to erroneous condusions on this subject by
a frindamental mistake as to the nature and
character of our government ; a mistake which
has pervaded and perverted all its reasoning,
and has for a long time been the abundant
source of much practical mischief in the action
of this government, and of very dangerous spec-
ulation. The mistaJke lies in considering this,
as to its nature and powers, a consolidated gov-
ernment of one people, instead of a confederated
government of many States. There is no one
single act performed by the people of the United
States, under the constitution, as one people.
Even m the popular branch of Congress this
distinction is maintained. A certain number
96
THIRTY' YEABS* viJCW.
of delegates is assigned to each State, and the
people of each State elect for their own State.
When the fnnctionaries of the government as-
semble here, thej have no soorce of power but
the constitution, which prescribes^ defines, and
limits their action, and constitutes them, in
their aggregate capacity, a trust or agency, for
the performance of certain duties confided to
them by various States or communities. This
government is, therefore, a confederacy of sov-
ereign States, associating themselves together
for mutual advantages. Thev originally came
together as sovereign States, having no authori-
ty and pretending to no power of reciprocal
control. North Carolina and Rhode Island
stood off for a time, refusing to join the con-
federacy, and at length came into it by the ex-
ercise or a sovereign discretion. So too of Mis-
souri, who was a State fully organized and per-
fect and self-governed, before she was a State
of tnis Union ; and, in the very nature of things,
this has been the case with all the States here-
tofore admitted, and must always continue to
be so. Where, then, is the difficulty of admit-
ting another state into this confederacy ? The
power to admit new States is expres^y given.
^ New States may be admitted by the Congress
into this Union." By the very terms of the
grant, they must be States before they are ad-
mitted ; when admitted, they become States of
the Union, The terma, restrictions, and prin-
ciples upon which new States are to be received,
are matters to be regulated by Congress, under
the constitution.
^ Heretofore, in the acquisition of Louisiana
and Florida, fVance and Spain both stipulated
that the inhabitants of the ceded territories
should be incorporated in the Union of the
United States as soon as may be consistent
with the principles of the federal constitution,
and admitted to all the privileges, rights, ana
immunities of ^e citizens of the United States.
In compliance with this stipulation, Louisiana,
Arkansas, and Missouri have been admitted into
the Union, and at no distant day Florida will
be. Now, if we contract with France and Spain
for the admission of States, why shall we not
with Texas ? If France can sell to us her sub-
jects and her territory, why cannot the people
of Texas give theofielves and their territory to
us ? Is it more consistent with our repubUcan
notions that men and territory can bie trans-
ferred by the arbitrary will of a monarch, for a
price, than that a tree people may be associated
with us by mutual consent ?
'^ It is supposed that there is a sort of politi-
cal impossibility, resulting from the nature of
things, to efiect the propoisd union. The com-
mittee says that ^ the measure is in feet the un-
ion of two independent governments." Cer^
tainly the imion of twenty-seven ^^ independent
governments;" but the committee adds^ that
it should rather be termed the dissolution of
both, and the formation of a new one, which,
whether founded on the same or another writ-
ten constitution, is, as to its identity, diflferent
from either. This can only be effected by the
summumjua, &c
'^ A full answer to this objection, even if numj
others were not at hand, as fSeir as Texas is coo-
cemed, is contained in the fact that the sum-
mumjua has been exercised.
'^ fl!er citizens, by a unanimous vote, have de-
cided in fevor or annexation ; and, according to
the admission of the committee, this is suffi-
ciently potent to dissolve their government, and
to surrender themselves to be absorbed by oure.
To receive this augmentation of our territoiy
and population, manifestly does not dissolve this
government) or even remodel it. Its identity is
not disturbed. There is no appeal necessary to
the summum juB popidi for each a political a^
rangement on our part, even if the summum
jus populi could be predicated of this goTcnh
ment, which it cannot. Now, it is very ob-
vious that two free States may associate for
common purposes, and that these common pm^
poses may be multiplied in number or increased
in importance at the discretion of the parties.
They may establish a common agency for tlie
transaction of their business ; and this may in-
clude a portion or all of their political func-
tions. The new creation may be an agency if
created by States, or a government if created
by the people $ for the people have a right to
abolish and create governments. Does any one
doubt whether Texas could rejoin the republic
of Mexico? Why not) then, rejoin thisrepub-
Uc?
'^ No one doubts that the States now compos-
ing this Union might have j'oined Great Britain
after the declaration of mdependence. The
learned committee would not contend that there
was a political impossibilitv in the union of
Scotbind and EnffUnd, or of Ireland and Brit-
ain ; or that, in ue nature of things, it would
be impossible for Louisiana, if she were a sot-
ereign State out of this Union, to join with the
sovereign State of Texas in forming a new gov-
ernment.
" There is no point of view in which the prop-
osition for annexation can be considered, tiiat
any serious obstacle in point of form presents
itself. If this ^vemment be a confederation
of States, then it is proposed to add another
State to the confederacy. If this government
be a consolidation^ then it is proposed to add to
it additional territory and population. Tn**
we can annex, and afterwards admit, the cases
of Florida and Louisiana prove. We can, there-
fore, deal with the people of Texas for the t^-
ritory of Texas, and the people can be seciu^
in the rights and privileges of the constitution,
as were the subjects of Spain and France.
"The Massachusetts legislature experience
much difficulty in ascertaining the mode of >|^
tion by which the proposed annexation can be
effected, and demand " in what form would ^
ANNO 18(8. MABTIN YAK BUBKN, PRESIDENT.
97
the pnctical exercise of the suppoeed power ?
In what department does it lie?" The pro-
gress of events already, in a great measure, an-
swers this objection. Texas has taken the ini-
tiative. Her minister has introduced the sub-
ject to that department which is alone capable
of receiving communications from foreign gov-
ernments, and the executive has submitted the
correspondence to Congress. The resolutions
before 70U propose an expression of opinion by
Congress, which, if made, the executive wiU
doubtless address itself earnestly, in conjunc-
tion with the authorities of Texas, to the con-
Rummation of the joint wishes of the parties,
which can be accomplished by treaty, emanat-
ing from one department of this government, to
be carried into effect by the passage of all need-
ful laws by the legislative department and by
the exercise of the express power of Uongress
to admit new States."
The proposition of Mr. Preston did not pre-
vail ; the period for the annexation of Texas had
not yet arrived. War still existing between
Mexico and Texas — ^the statits of the two coun-
tries being that of war, although hostilities
hardly existed — a majority of the Senate deem-
ed it unadvisable even to take the preliminary
steps towards annexation which his resolution
proposed. A motion to lay the proposition on
the table prevailed, by a vote of 24 to 14.
CHAPTEE XXV.
DEBATE BETWEEN MB. CLAT AND MB. CAL-
HOUN, PEBSONAL AND POLITIGAL, AND LEAD-
ING TO EXPOSITIONS AND YINDIOATIONB OF
PUBLIC CONDUCT WHICH BELONG TO HISTO-
BY.
For seven years past Mr. Calhoun, while dis-
claiming connection with any party, had acted
on leading measures with the opposition, head-
ed by Messrs. Clay and Webster. Still dis-
claiuung any such connection, he was found at
the extra session co-operating with the admin-
istration. His co-operation with the opposition
had given it the victory in many eventful con*
tests in that long period ; his co-operation with
the Van Buren administration mig^t turn the
tide of victory. The loss or gain of a chief
who, in a nearly balanced state of parties, could
carry victory to the side which he espoused,
was an event not to be viewed without vexation
Vol. II.— 7
by the party which he left. Resentment was
as natural on one side as gratification was on
the other. The democratic party had made no
reproaches— (I speak of the debates in Con-
gress)— when Mr. Calhoun left them ; they de-
bated questions with him as if there had been
no cause for personal complaint. Not so with
the opposition now when the course of his tran-
sit was reversed, and the same event occurred
to themselves. They took deeply to heart this
withdrawal of one of their leaders, and his ^h
pearance on the other side. It created % feel-
ing of personal resentment agvnst Mr. Calhoun
which had manifested itself in several small
side-blows at the extra session ; and it broke
out into systematic attack at the regular one.
Some sharp passages took place between himself
and Mr. Webster, but not of a kind to lead to
any thing historicaL He (Mr. Webster) was but
slightly inclined towards that kind of speaking
which mingles personality with argument, and
lessens the weight of the adversary argument
by reducing the weight of the speaker's char-
acter. Mr. Clay had a turn that way ; and, cer-
tainly, a great ability for it. Invective, mingled
with sarcasm, was one of the phases of his ora-
tory. He was supreme at a philippic (taken in
the sense o£ Demosthenes and Cicero), where the
political attack on a public man's measure was
to be enforced and heightened by a personal
attack on his conduct He owed much of his
fascinating power ovef his hearers to the exer-
cise of this talent — ^always so captivating in a
popular assembly, and in the galleries of the
Senate ; not so much so in the Senate itself;
and to him it naturally fell to become the organ
of the feelings of his party towards Mr. Cal-
houn. And very cordially, and carefully, and
amply, did he make preparation for it.
The storm had been gathering since Septem-
ber : it burst in February. It had been evi-
dently waiting for an occasion : and found it in
the first speech of Mr. Calhoun, of that session,
in fevor of Mr. Van Buren's recommendation fer
an independent treasury and a federal hard-
money currency. This speech was delivered the
15th of February, and was strictly aigumenta-
tive and parliamentary, and wholly confined to
its subject Four days thereafter Mr. Clay an-
swered it ; and although ready at an extempo-
raneous speech, he had the merit, when time per-
mitted, of considering well both the matter and
98
THIRTY TEAKS' VIEW.
the words of what he intended to deliver. On
this occasion he had had ample time ; for the
speech of Mr. Galhonn could not be essentially
different from the one he delivered on the same
subject at the extra session ; and the personal
act which excited his resentment was of the
same date. There had been six months for pre-
paration ; and fully had preparation been made.
The whole speech bore the impress of careful
elaboration, and especially the last part ; for it
consisted of two distinct parts — the first, argu-
mentative, and addressed to the measure before
the Senate : and was in fact, as well as in name,
a reply. The second part was an attack, under
the name of a reply, and was addressed to the
personal conduct of Mr. Calhoun, reproaching
him with his desertion (as it was called), and
taunting him with the company he had got
into — ^taking care to remind him of his own
former sad account of that company : and then,
launching into a wider field, he threw up to
him all the imputed political delinquencies of
his life for near twenty years — skipping none
from 1816 down to the extra session ; — al-
though he himself had been in close political
fiiendship with this alleged delinquent during
the greater part of that long time. Mr. Calhoun
saw at once the advantage which this general
and sweeping assault put into his hands. Had
the attack been confined to the mere circum-
stance of quitting one side and joining the other,
it might have been treated as a mere personali-
ty ; and, either left unnoticed, or the account
settled at once with some ready words of retort
and justification. But in going beyond the act
which gave the offence — ^beyond the cause of re-
sentment, which was recent, and arraigning a
member on the events of almost a quarter of a
century of public life, he went beyond the lim-
its of the occasion, and gave Mr. Calhoun the
opportunity of explaining, or justifying, or ex-
cusing all that had ever been objected to him ;
and tiiat with the sympathy in the audience
with which attack for ever invests the rights
of defence. He saw his advantage, and availed
himself of it Though prompt at a reply, he
ehoee to make none in a hurry. A pause en-
sued Mr. Clay's conclusion, every one deferring
to Mr. Calhoun's right of reply. He took the
floor, but it was only to say that he would re-
ply at his leisure to the senator firom Ken-
tacky.
He did reply, and at his own good time, which
was at the end of twenty days ; and in a way
to show that he had ^ smelt the lamp," not of
Demades, but of Demosthenes, during that time.
It was profoundly meditated . and elaborately
composed : the matter solid and condensed ;
the style chaste, terse and vigorous ; the nam-
tive clear; the logic close ; the sarcasm cattisg :
and every word bearing upon the object in view.
It was a masterly oration, and like Mr. Clay's
speech, divided into two parts ; but the secoDd
part only seemed to occupy his feelings, ud
bring forth words from the heart as well as from
the head. And well it might ! He was speak-
ing, not for life, but for character ! and defend-
ing public character, in the conduct which makes
it) and on high points of policy, which belonged
to history — defending it before posterity and the
present age, impersonated in the American Sen-
ate, before whidi he stood, and to whom he ap-
pealed as judges while invoking as witnesses.
He had a high occasion, and he felt it; a high
tribunal to plead before, and he rejoiced in it;
a high accuser, and he defied him ; a high stake
to contend for, his own reputation : andmanfiil-
ly, earnestly, and powerfully did he defend it
He had a high example both in oratory, and in
the analogies of the occasion, before him; and
well had he looked into that example. I hap-
pened to know that in this time he refreshed
his reading of the Oration on the Crown j and
as the delivery of his speech showed, not with-
out profit Besides its general cast, which vas
a good imitation, there were passages of a ^
and terseness— of a power and simplicitr"
which would recall the recollection of that mas-
terpiece of the oratory of the world Thcff
were points of analogy in the cases as well as is
the speeches^ each case being that of one eDtt-
nent statesman accusing another, and before a
national tribunal, and upon the events of a poh-
lie life. More happy than the Athenian orator,
the American statesman had no foul imputatioDB
to repel. Different from iEschines and Pcmofi-
thenes, both himself and Mr. Clay stood above
the imputation of corrupt action or motive,
they had faults, and what public man is without
them ? they were the faults of lofty nature*'
not of sordid souls; and they looked to tw
honors of their country— not its plunder-'*'^
their fiair reward.
When Mr. Calhonn finished, Mr. Clay '^
ANNO 18S8. MARTIK VAN BURBN, FKESIDSNX
99
stantly arose, and rejoined — his rejoinder almost
entirely directed to the personal part of the dis-
cnssion, which from its beginning had been the
absorbing part Much stung by Mr. Calhoun's
reply, who used the sword as well as the buck-
ler, and with a keen edge upon it^ he was more
animated and sarcastic in the rejoinder than in
the first attack. Mr. Calhoun also rejoined in-
stantly. A succession of brief and rapid re-
joinders took place between them (chiefly omit-
ted in this work), which seemed running to in-
finity, when Mr. Calhoun, satisfied with what
he had done, pleasantly put an and to it by say-
ing, he saw the senator from Kentucky was de-
termined to have the last word ; and he would
yield it to him. Mr. Clay, in the same spirit,
disclaimed that desire ; and said no more. And
thus the exciting debate terminated with more
courtesy than that with which it had been con-
ducted.
In all contests of this kind there is a feeling
of violated decorum which makes each party
solicitous to appear on the defensiYe, and for
that purpose to throw the blame of commencing
on the opposite side. Eyen the one that pal-
pably throws the first stone is yet anxious to
show that it was a defensive throw ; or at least
provoked by previous wrong. Mr. Clay had
this feeling upon him, and knew that the onus
of making out a defensive case fell upon him ;
and he lost no time in endeavoring to establish
it. He placed his defence in the forepart of the
attack. At the very outset of the personal part
of his speech he attended to this essential pre-
liminary, and found the justification, as he be-
lieved, in some expressions of Mr. Calhoun in
his sub-treasury speech; and in a couple of
passages in a letter he had written on a public
oceasion, after his return from the extra session
—commonly called the Edgefield letter. In the
speech he believed he found a reproach upon
the patriotism of himself and firiends in not fol-
lowing his (Mr. Calhoun's) " lead " in support
of the administration financial and currency
measures; and in the letter, an impeachment
of the integrity and patriotism of himself and
■ firiends if they got into power ; and also an
avowal that his change of sides was for selfish
considerations. The first reproach, that of lack
of patriotism in not following Mr. Calhoun's
lead, he found it hard to locate in any definite
part of the speedi; and had to rest it upon gene-
ral expressions. The others, those founded
upon passages in the letter, were definitely
quoted ; and were in these terms : " / cotdd
not back and sustain those in such opposition
in whose itisdom, firmness and patriotism I
had no reason to confide J! — ^jft was clear,
with our joint forces (whigs and nulHfiers\
we could utterly overthrow and demolish
them ; hut it was not less clear that the rtc-
tory would enure, not to us^ but exclusively to
the benefit of our allies, and their cause?^
These passages were much commented upon,
especially in the rejoinders ; and the whole let-
ter produced by Mr. Calhoun, and the meaning
claimed for them fully stated by him.
In the speeches for and against the crown we
see Demosthenes answering what has not been
found in the speech of Eschines: the same
anomaly took place in this earnest debate, as
reported between Mr. Clay and Mr. Calhoun.
The latter answers much which is not found in
the published speech to which he is replying.
It gave rise to some remark tMetween the
speakers during the rejoinders. Mr. Calhoun
said he was replying to the speech as spoken.
Mr. Clay said it was printed under his super-
vision— as much as to say he sanctioned the
omissions. The fact is, that with a commend-
able feeling, he had softened some parts, and
omitted others ; for that which is severe enough
in speaking, becomes more so in writing ; and
its omission or softening is a tacit retraction,
and honorable to the cool reflection which con-
demns what passion, or heat, had prompted.
But Mr. Calhoun did not accept the favor: and,
neither party desiring quarter, the one answer-
ed what had been dropt, and the other re-pro-
duced it, with interest. In his rejoinders, Mr.
Clay supplied all that had been omitted — and
made additions to it
This contest between two eminent men, on a
theatre so elevated, in which the stake to each
was so great, and in which each did his best,
conscious that the eye of the age and of posterity
was upon him, was an event in itself, and in
their lives. It abounded with exemplifications
of all the different sorts of oratory of which
each was master: on one side — declamation,
impassioned eloquence, vehement invective,
taunting sarcasm : on the other — dose reason-
ing, chaste narrative, clear statement, keen re-
tort Two aooeesorieB of such contests (disrup-
100
THntry tjears' view.
tions of friendships), were missing, and wdl —
the pathetic and the yirulent. There was no
crying, or hlackguarding in it — nothing like the
weeping scene between Fox and Burke, when
the heart overflowed with tenderness at the re-
collection of former love, now gone foreyer ; nor
like the yirulent one when the gall, overflowing
with bitterness, warned an ancient friend never
to return as a spy to the camp which he had
left as a deserter.
There were in the speeches of each some re-
markable passages, such only as actors in the
scenes could furnish, and which history will
daim. Thus : Mr. Clay gave some inside vievro
of the concoction of the &mous compromise act
of 1833 ; which, so far as they go, correspond
with the secret history of the same concoction
as given in one of the chapters on that subject
in the first volume of this work. Mr. Clay's
speech is also remarkable for the declaration
that the protective system, which he so long
advocated, was never intended to be permanent :
that its only design was to give temporary en-
couragement to infimt manufactures : and that it
had fulfilled its mission. Mr. Calhoun's speech
was also remarkable for admitting the power,
and the expediency of incidental protection, as
it was called; and on this ground he justified
his support of the tariff of 1816— so much ob-
jected against him. He also gave his history of
the compromise of 1833, attributing it to the effi-
cacy of nullification and of the military attitude
of South Carolina: which brought upon him the
relentless sarcasm of Mr. Clay; and occasioned
his explanation of his support of a national
bank in 1816. He was chairman of the com-
mittee which reported the charter for that bank,
and gave it the support which carried it through ;
with which he was reproached after he became
opposed to the bank. He explained the cir-
cumstances under which he gave that support —
such as I had often heard him state in con-
versation ; and which always appeared to me to
be sufficient to exempt him from reproach. At
the same time (and what is but little known),
he had the merit of opposmg, and probably of
defeating, a fiur more dangerous bank — one of
fifty millions (equivalent to one hundred and
twenty millions now), and founded almost
whoUy upon United States stocks— imposingly
recommended to Congress by the then secretary
of the Treasury, Mr. Alexander J. Dallas. The
analytical mind of Mr. CaU&oun, then one of the
youngest members, immediately solved this
monster proposition into its constituent ele-
ments; and his power of generalization and
condensation, enabled him to express its char-
acter in two words — lending our credit to the
bank far nothing, and borrowing it back at
six per cent, interest. As an alternative, and
not as a choice, he supported the national bank
that was chartered, after twice defeating the
monster bank of fifty millions founded on paper ;
for that monster was twice presented to Con-
gress, and tvnce repulsed. The last imte it
came as a currency measure — as a bank to
create a national currency ; and as such was re-
ferred to a select committee on national cur-
rency, of which Mr. Calhoun was chairman.
He opposed it, and fell into the support of the
bank which was chartered. Strange that in
this search for a national bank, the currency of
the constitution seemed to enter no one's head.
The revival of the gold currency was never sug-
gested; and in that oblivion of gold, and still
hunting a substitute in paper, the men who put
down the first national bank did their work
much less effectually that those who put dovm
the second one.
The speech of each of these senators, so fikr as
they constitute the personal part of the debate,
will be given in a chapter of its own : the re-
joinders being brie^ prompt, and responsive
each to the other, will be put together in
another chapter. The speeches of each, having
been carefully prepared and elaborated, may be
considered as fair specimens of their speaking
powers — ^the style of each different, but each a
first class speaker in the branch of oratory to
which he belonged. They may be read with
profit by those who would wish to form an idea
of the style and power of these eminent orators.
Manner, and all that is comprehended under the
head of delivery, is a different attribute; and
there Mr. Clay had an advantage, which is lost
in transferring the speech to paper. Some of
Mr. Calhoun's characteristics of manner may be
seen in these speeches. He eschewed the stud-
ied exordiums and perorations, once so much in
vogue, and which the rhetorician's rules* teach
how to make. A few simple words to an-
nounce the beginning, and the same to show
the ending of his speech, was about as much as
he did in that way ; and in that departure finom
ANNO 1888. MARTIN VAN BUKEN, FRB3IDENT.
101
custom he oonformed to what wu becoming in
a business speech, as his generally were ; and
also to what was suitable to his own intellectual
style of speaking. He also eschewed the trite,
familiar, and unparliamentary mode (which of
late has got into yogue) of referring to a senar
tor as, " my friend," or, " the distinguished," or,
" the eloquent)" or, " the honorable," Ac He
followed the written rule of parliamentary law;
which is also the dear rule of propriety, and
referred to the member by his sitting-place in
the Senate, and the State from which he came.
Thus : " the senator from Kentucky who sits
farthest from me ; " which was a sufficient desig-
nation to those present) while for the absent,
and for posterity the name (Mr. Clay) would
be put in brackets. He also addressed the body
by the simple collective phrase, "senators;"
and this was, not accident, or &ncy, but system,
resulting from convictions of propriety ; and he
would allow no reporter to alter it
Mr. Calhoun laid great stress upon his
speech in this debate, as being the vindica-
tion of his public life; and declared, in one of his
replies to Mr. Clay, that he rested his public
character upon it, and desired it to be read by
those who would do him justice. In justice to
him, and as being a vindication olf several meas-
ures of his mentioned in this work, not approv-
ingly, a place is here given to it.
This discussion between two eminent men,
growing out of support and opposition to the
leading measures of Mr. Van Buren's adminis-
tration, indissolubly connects itself with the
passage of those measures ; and gives additional
emphasis and distinction to the era of the
crowning policy which separated bank and
state — made the government the keeper of its
own money — repulsed paper money from the
federal treasury — ^filled the treasury to bursting
with solid gold ; and did more for the prosperi-
ty of the country than any set of measures from
the foundation of the government.
CHAPTEE XXVI.
DEBATE BETWEEN MB. GLAT AND MB. CAL-
HOUN : MB. CLAY'S SPEECH : EXTBAGT8.
" Who, Mr. President, are the most conspicu-
ous of those who perseveringly pressed this
bill upon Congress and the American people ?
Its drawer is the distinguished gentleman in .
the white house not far off ^Mr. Yam Burkm) ;
its indorser is the distinguished senator from
South Carolina, here present What the draw-
er thinks of the indoraer, his cautious reserve
and st^ed enmity prevent us from knowing.
But the frankness of the indorser has not left
us in the same ignorance with respect to his
opinion of the drawer. He has often expressed
it upon the floor of the Senate. On an occasion
not very distant, denying him any of the noble
qualities of the royal b^t of the forest, he at-
tributed to him those which belong to the most
crafty, most skulking, and the meanest of the
quadruped tribe. Mr. President, it is due to
myself to say, that I do not altogether share
with the senator from South Carolina in this
opinion of the President of the United States.
I have always found him, in his manners and
deportment) civil, courteous, and gentlemanly ;
and he dispenses, in the noble mansion which
he now occupies, one worthy the residence of
the chief magistrate of a great people, a gener-
ous and liberal hospitality. An acquaintance
with him of more than twenty years' duration
has inspired me with a respect for the man,
although, I regret to be compelled to say, I de-
test the magistrate.
" The eloquent senator from South Carolina
has intimated that the course of my friends and
myself, in opposing this bill, was unpatriotic,
and that we ought to have followed in bis lead ;
and, in a late letter of his, he has spoken of his
alliance with us» and of his motives for quitting
it. I cannot admit the justice of his reproach.
We united, if, indeed, there were any alliance in
the case, to restrain the enormous expansion of
executive power ; to arrest the progress of cor-
ruption; to rebuke usurpation; and to drive
the Goths and Vandals m>m the capital ; to ex-
pel Brennus and his horde from Kome, who,
when he threw his sword into the scale, to aug-
ment the ransom demanded from the mistress
of the world, showed his preference for gold ;
that he was a hard-money chieftain. It was
by the much more valuable metal of iron that
he was driven from her gates. And how- often
have we witnessed the senator from South
Carolina, with woful countenance, and in dole-
ful strains, pouring forth touching and mourn-
ful eloquence on the degeneracy of the times,
and the downward tenc^ncy of the republic ?
Day after day, in the Senate, have we seen the
102
THIRTY TEARS' VIEW.
displayB of his loftj and impassioned eloquence.
Although I shared largely with the senator in
his apprehension for the purity of our institu-
tions, and the permanency of our civil liberty,
disposed always to look at the brighter side of
human affairs. I was sometimes inclined to hope
that the yrria imagination of the senator had
depicted the dangers by which we were encom-
passed in somewhat stronger colors than they
justified.
" The arduous contest in which we were so
long engaged was about to terminate in a glori-
ous victory. The very object for which the
alliance was formed was about to be accom-
plished. At this critical moment the senator
left us ; he left us for the very purpose of pre-
yenting the success of the common cause. He
took up his musket, knapsack, and shot-pouch,
and joined the other party. He went, horse,
foot, and dragoon ; and he himself composed the
whole corps. He went, as his present most
distinguished ally commenced with his expung-
ing resolution, BotUary and cdone. The earliest
instance recorded in history, within my recol-
lection, of an ally drawing off his forces from
Uie combined army, was that of Achilles at the
siege of Troy. He withdrew, with all his
troops, and remained in the neighborhood, in
sullen and dignified inactiyity. But he did not
join the Trojan forces; and when, during the
progress of the siege, his faithfbl friend fell in
battle, he raised his ayenging arm, droye the
Trojans back into the gates of Troy, and sati-
ated his yengeance by slaying Priam's noblest
and dearest son, the finest hero in the immortal
Iliad. But Achilles had been wronged or
imagined himself wronged, in the person of the
fiur and beautiful Briseis. We did no wrong
to the distinguished senator from South Caro-
lina. On the contrary, we respected him, con-
fided in his great and acknowledged ability, his
uncommon genius, his extensiye experience, his
supposed patriotism ; above all, we confided in
hifi stem and inflexible fidelity. Nevertheless,
he left us, and joined our common opponents,
distrusting and distrusted. He left us, as he
tells us in the Edgefield letter, because the vic-
tory which our common arms were about to
achieve, vras not to enure to him and his party.
but exclusively to the benefit of his allies ana
their cause. I thought that, actuated by patri-
otism (that noblest of human virtues), we had
been contending together for our common coun-
try, for her violated rights, her threatened liber-
ties, her prostrate constitution. Never did I
suppose that personal or party considerations
entered into our views. Whether, if victory
shall ever again be about to perch upon the
standard of the spoils party ^the denomination
which the senator from Soutn Carolina has so
often given to his present allies), he vrill not
feel himself constrained, by the principles on
which he has acted, to leave them, because it
may not enure to the benefit of himself and his
party, I leave to be adjusted between them-
selves.
"The speech of the senator from South Caro-
lina was plausible, ingenious, absfHct, meta-
physical, and generalizing. It did not appear
to me to be adapted to the bosoms and business
of hunuin life. It was aerial, and not very high
up in the air, Mr. President, either — ^not quite
as hi^h as Mr. Clayton was in his last ascension
in his balloon. The senator announce that
there was a single alternative, and no escape
from one or the other branch of it. He stated
that we must take the bill under consideratioo,
or the substitute proposed by the senator from
Virginia. I do not concur in that statement of
the case. There is another course embraced in
neither branch of the senator's alternative;
and that course is to do nothing, — always the
wisest when you are not certain what you ought
to do. Let us suppose that neither oranch of
the alternative is accepted, and that nothing is
done. What, then, would be the consequence?
There would oe a restoration of the law of 1789,
with all its cautious provisions and securities,
provided by the vrisdom of our ancestors, which
has been so trampled upon by the late and
{present administrations. By that law, estab-
Dshing the Treasury department^ the treasure
of the United States is to be received, kept, and
disbursed by the treasurer, under a bond with
ample security, under a large penalty fixed by
law, and not left, as this bill leayes it, to the
uncertain discretion of a Secretary of the Treas-
ury. I^ therefore, we were to do nothing, that
law would be revived; the treasurer would
have the custody, as he ought to have, of the
public money, and doubtless he would maJce
special deposits of it in all instances with safe
and sound State banks; as in some cases the
Secretary of the Treasury is now obliged to do.
Thus, we should have in operation that very
special deposit system, so much desired by some
gentlemen, by which the public money would
remain separate and unmixed with the money
of banks.
" There is yet another course, unembraced by
either branch of the alternative presented by
the senator from South Carolina ; and that is,
to establish a bank of the United Sutes, consti-
tuted according to the old and approved method
of forming such an institution, tested and san(^
tioned by experience; a bank of the United
States which should blend public and private
interests, and be subject to public and prirata
control J united together in such manner as to
present safe and salutary checks against all
abuses. The senator mistakes his own aban-
donment of that institution as ours. I ^^
that the party in power has barricaded itself
against the establishment of such a bank. 1^
adopted, at the last extra session, the extraor-
dinary and unprecedented resolution, that the
people of the United States should not ha^J
such a bank, although it might be manifest tb»t
J
ANNO 188a MABTIN VAN BUBEN, PRESIDKNT.
103
there was a clear majority of them demanding
it. But the day may oomcL and I trust is not
distant, when vnd will of tne people must pre-
vsul in the councils of her own goyernment;
and when it does arriye, a bank mil be estab-
lished.
^'The senator from South Carolina reminds
as that we denounced the pet bank system ;
and so we did, and so we do. But does it
therefore follow that, bad as that system was,
we must be driyen into the acceptance of a sys-
tem infinitely worse 7 He tells us that the bill
under consideration takes the public funds out
of the hands of the £zecutiye, and places them
in the hands of the law. It does no such thing.
They are now without law, it is true, in the
custody of the Executive; and the bill pro-
poses by law to confirm them in that custody,
and to convey new and enormous powers or
control to the Executive oyer them. Every
custodary of the public funds provided by the
bill is a creature of the Executive, dependent
upon his breath, and subject to the same breath
for removal, whenever the Executive — ^from
caprice, from tyranny, or firom party motives —
shall choose to order it. What safety is there
for the public money, if there were a hundred
subordinate executive officers charged with its
n whilst the doctrine of the abrolute unity
e whole executive power, promulgated by
the last administration, and persisted in by
this, remains unrevoked and unrebuked ?
'^ Whilst the senator from South Carolina
professes to be the friend of State banks, he
has attacked the whole banking system of the
United States. He is their friend; he only
thinks they are all unconstitutional ! Why ?
Because the coining power is possessed by the
general government ; and that coining power,
he aigues, was intended to supply a currency
of the precious metals ; but the State banks
absorb the precious metals, and withdraw them
from circulation, and, therefore, are in conflict
with the coining power. That power, accord-
ing to my view of it^ is nothing but a naked
authority to stamp certain pieces of the precious
metals, in fixed proportions of alloy and pure
metal prescribed by law; so that their exact
value be known. When that office is performed,
the power is functua officio ; the money passes
out of the mint, and becomes the lawful prop-
erty of those who legally acquire it They
may do with it as they please, — throw it into
the ocean, bury it in the earth, or melt it in a
crucible, without violating any law. When it
has once left the vaults of the mmt, the law
maker has nothing to do with it but to protect
it against those who attempt to debase or coun-
terfeit, and, subsequently, to pass it as lawful
money. In the sense in which the senator
supposes banks to conflict with the coining
power, foreign commerce, and especially our
commerce with China, conflicts with it much
more extensively.
" The distinguished senator is no enemy to the
banks ; he merely thinks them injurious to the
morals and industry of the country. He likes
them very well, but he nevertheless believes
that they levy a tax of twenty-five millions an-
nuidly on the industry of the country ! The
senator from South Carolina would do the banks
no harm ; but they are deemed by him hi^y
injurious to the planting interest! According
to him^ they inflate prices, and the poor planter
sells his productions for hard money, and has
to purchase his supplies at the swollen prices
produced by a paper medium. The senator tells
us that it has been only within a few days that
he has discovered that it is illegal to reoeive bank
notes in payment of public dues. Does he think
that the usage of the government under all its
administrations, and with every party in power,
which has prevailed for nigh fifty years, ought
to be set aside by a novel theory of his, just
dreamed into existences even if it possess the
merit of ingenuity ? Tne bill under considera-
tion, which has been eulogized by the senator
as perfect in its structure and detuls, contains a
provision that bank notes shall be received m
diminished proportions, during a term of six
years. He himself introduced the identical
principle. It is the only part of the bill that is
emphatically his. How, then, can he contend
that it is unconstitutional to receive bank notes
in payment of public dues ? I appeal from him-
self to himself.''
^^ The doctrine of the senator in 1816 was. as
he now states it, that bank notes being in »ct
received by the executive, although contrary to
law, it was constitutional to create a Bank of the
United States. And in 1834, finding that bank
which was constitutional in its inception, but
had become unconstitutional in its progress, yet
in existence, it was quite constitutionid to pro-
pose, as the senator did, to continue it twelve
years longer."
^ The senator and I b^an our public career
nearly together ; we remained together through-
out the war. We agreed as to a Bank of the
United States-^as to a protective tarifi*— as to
internal improvements ; and lately as to those
arbitrary and violent measures which character-
ized the administration of General Jackson.
No two men ever agreed better together in re-
spect to important measures of public policy.
We concur in nothing now."
CHAPTER XXVII.
DEBATE BETWEEN MB. OLAY AND MB. CAL-
HOUN: MB. CALHOUN'S SPEECH; EXTBACT8.
^I RISE to fulfil a promise I made some time
since, to notice at my leisure the reply of the
senator from Kentudcy farthest from me [Mr.
104
THBftTT YEABS^ VIEW.
Olat], to my remarks, when I first addressed
the Senate on the subject now under discos-
sion.
" On comparing with care the reply with the
remarks, I am at a loss to determine whether it
is the most remarkable for its omissions or mis-
statements. Instead of leaving not a hair in the
head of my arguments, as the senator threaten-
ed (to use his not yery dignified expression), he
has not eyen attempted to answer a large, and
not the least weighty, portion; and of that
which he has, there is not one fiiirly stated, or
fiurly answered. I speak literally, and without
exaggeration ; nor would it be difficult to estab-
lish to the letter what I assert, if I could recon-
cile it to myself to consume the time of the
Senate in establishing a long series of negative
propositions, in which they could take but little
mterest however important th^ may be re-
garded oy the senator and mysel£ To avoid so
idle a consumption of the time, I propose to
present a few instances of his misstatements,
from which the rest may be inferred ; and, that
I may not be suspected of having selected them,
I shall take them in the order in which they
stand in his reply.
[The argumentative part omitted.]
'^ But the senator did not restrict himself to
a reply to my arguments. He introduced pei^
sonai remarks, which neither self-respect, nor a
r^ard to the cause I support, will permit me to
pass without notice, as adverse as I am to all
personal controversies. Not only my education
and disposition, but^ above all, my conception of
the duties belonging to the station I occupy, in-
disposes me to such controversies. We are sent
here, not to vmmgle, or indulge in personal
abuse, but to dehberiite and decide on the com-
mon interests of the States of this Union^ as far
as they have been sul^ected by the constitution
to our jurisdiction. Thus thinking and feeling,
and having perfect confidence in the cause I sup-
port, I addressed myself when I was last up,
directly and exclusively to the understanding,
carefully avoiding every remark which had
the least personsJ or party bearing. In proof
of this, I appeal to you, senators, my wit-
nesses and judges on tms occasion. But it
seems that no caution on my part could prevent
what I was so anxious to avoid. The senator,
having no pretext to give a personal direction
to the discussion, made a premeditated and
gratuitous attack on me. I say havine no pre-
text ; for there is not a shadow of foundation for
the assertion that I called on him and his party
to foUow my lead, at which he seemed to take
ofienoe, as 1 have already shown. I made no
such call, or any thing that could be construed
into it. It would have been impertinent, in the
relation between myself and his party, at any
stage of this question; and absurd at that late
period, when every senator had made up bis
mind. As there was, then, neither provocation
nor pretext^ what could be the motive of the
senator in making the attack ? It could not be
to indulge in the pleasure of personal abuse— the
lowest and basest of all our passions ; and which
is so fiir beneath the dignity of the senator's
character and station. Nor could it be with the
view to intimidation. The senator knows me
too long, and too well, to make such an attempt.
I am sent here by constituents as respectable
as those he represents, in order to watch over
their peculiar mterests, and take care of the
Senend concern ; and if I were capable of beisg
eterred by any one, or any consequence, in
discharging my duty, from denouncing what I
regai^^ as dangerous or corrupt, or giving a
decided and zealous support to what I thought
right and expedient, I would, in shame and con-
fusion, return my commission to the patriotic
and gallant State I represent, to be placed in
more resolute and trustworthy hands.
" If, then, neither the one nor the other of
these be the motive, what, I repeat, can it be?
In casting my eyes over the whole surface I can
see but one, which is, that the senator, despairing
of the sufficiency of his reply to overthrow mj
arguments, had resorted to personalities, in the
hope, with their aid, to effect what he could not
accomplish by main strength. He well knows
that the force of an argument on moral or politi-
cal subjects depends greatly on the character of
him who advanced it ; and that to cast suspicion
on his sincerity or motive, or to shake confi-
dence in his understanding, is often the most ef-
fectual mode to destroy its force. Thus viewed,
his personalities may be fairly regarded as con-
stituting a part of his reply to my argument;
and we, accordingly, find the senator throwing
them in ^ont, like a skilful general, in order to
weaken my ax^guments before he brought on his
main attack. In repelling, then, his personal
attacks, I also defend the cause which I advo-
cate. It is against that his blows are aimed,
and he strikes at it through me, because he be-
lieves his blows will be the more efiectoal.
** Having given this direction to his reply, he
has impo^ on me a double duty to repel his
attacks : duty to myself and to the cause I sup-
port I shall not decline its performance ; aw
when it is discharged, I trust I shall have placed
my character as far beyond the darts which
he has hurled at it, as my arguments have
proved to be above his abilities to reply to
them. In doing this, I shall be compelled to
speak of myself. No one can be more sensibw
thim I am how odious it is to speak of ones
self. I shall endeavor to confine myself within
the limits of the strictest propriety; but if Mjy
thing should escape me lliat may wound the
most delicate ear, the odium ought in justice to
fall not on me, but the senator, whOj by his un-
provoked and wanton attack, has unposed on
me the painful necessity of speaking of myseii*
" The leading charge of the senator— that on
which all the others depend, and which, being
overthrown, they fall to the ground— is that i
AKNO 1888. MABTIN YAK BUREN, PRESIDENT.
105
have gone over ; haye left his side^ and joined
the other. By this yague and mdefinite ex-
preasion, I presume he meant to implj that I
had either changed my opinion, or abandoned
my principle, or deserted my puty. If he did
not mean one, or all ; if I have changed neither
opinions, principles, nor party, then the charge
meant nothing deserving notice. Bat if he in-
tended to imply, what I haye presnmed he did,
I take issue on the &ct — ^I meet and repel the
charge. It happened, fortunately for me, fortu-
nately for the cause of truth and justice, that it
was not the first time that I had offered my
sentiments on the question now under consid-
eration. There is scarcely a single point in the
present issue on which I did not explicitly ex-
press my opinion, four years ago, in my place
nere, when the remoyal of the deposits and
the questions connected with it were under dis-
cussion— BO explicitly as to repel effectually the
diarge of any change on my part ; and to make
it impossible for me to pursue any other course
than I have without involying myself in gross
inconsistency. I intend not to l^ve so impor-
tant a point to rest on my bare assertion.
What I assert stands on record, which I now
hold in my possession, and intend, at the prop-
er time, to introduce and read. But, beiore I
do that, it will be proper I should state the
(questions now at issue, and my coarse in rela-
tion to them ; so that, having a clear and dis-
tinct perception of them, you may, senators,
readily and satisfactorily compare and deter-
mine whether my course on the present occa-
sion coincides with the opinions I then ex-
pressed.
" There are three questions, as is agreed by
all, involved in the present issue : Shall we sep-
arate the government from the banks, or shall
we revive the league of State banks, or create
a national bank? My opinion and course in
reference to each are well known. I prefer the
separation to either of the others ; and, as be-
tween the other two, I regard a national bank
as a more efficient, and a less corrupting fiscal
agent than a league of State banks. It is also
well known that I have expressed myself on
the present occasion hostile to the banking sys-
tem, as it exists ; and against the constitutional
power of making a bank, unless on the assump-
tion tiiat we have the right to receive and treat
bank-notes as cash in our fiscal operations,
which I, for the first time, have denied on the
present oocasion. Now, I entertained and ex-
pressed aU these opinions, on a different occa-
sion, four years ago, except the right of receiv-
ing bank-notes, in regard to which I then re-
served my opinion ; and if all this should be
fully and clearly established by the record, from
speeches delivered and published at the time,
the charge of the senator must, in the opinion
of all, however prejudiced, sink to the ground.
I am npw prepared to introduce, and have the
leoozd read. I delivered two speeches in the
session of 1833-'34, one on the removal of the
deposits, and the other on the question of the
renewal of the charter of the late bank. I ask
the secretary to turn to the volume lying be-
fore him, and read the three paragraphs marked
in my speech on the deposits. I will thank
him to raise his voice, and read slowly, so that
he may be distinctly heard ; and I must ask yoo,
senators, to give your attentive hearing ; for on
the coincidence iJetween my opinions then and
my course now, my vindication against this un-
provoked and groundless charge rests.
'' [The secretary of the Senate read as request-
ed.]
"Such were my sentiments, dehveted four
years since, on the question of the removal of
the deposits, and now standing on record ; and
I now call your attention senators, while they
are fresh in your minds, and before other ex-
tracts are read, to the opinions I then enter-
tained and expressed, in order that you may
compare them with those that I have express-
ed, and the course I have pursued on the pres-
ent occasion. In the first place, I then ex-
pressed myself expliciUy and decidedly against
the banking system, and intimated, in language
too strong to be mistaken, that, if the question
was then bank or no bank, as it now is, as fiur
as government is concerned, I would not be
found on the side of the bank. Now, I ask, I
appeal to the candor of alL even the most prej-
udiced, is there any thing m all this contradic-
tory to my present opinions or course ? On
the contrary, having entertained and expressed
these opinions, could I, at this time, when the
issue 1 then supposed is actually presented,
have gone against the separation without gross
inconsistency ? Again, I then declared myself
to be utterly opposed to a combination or league
of State banks, as being the most efficient and
corrupting fiscal agent the government could
select, and more d[>jectionable than a bank of
the United States. I again appeal, is there a
sentiment or a word in all this contradictory to
what I have said, or done, on the present occa-
sion ? So far otherwise, is there not a perfect
harmony and coincidence throughout, which,
considering the distance of time and the differ-
ence of the occasion, is truly remarkable ; and
this extending to all the great and governing
questions now at issue ?
"^ To prove all this I again refer to the record.
If it shall appear from it that my object was to
disconnect the government gradually and cau-
tiously from the banking system, and with that
view, and that only, I proposed to use the Bank
of the United States for a short time, and that I
explicitiy expressed the same opinions then as
I now have on almost every point connected
with the system ; I shall not only have vindi-
cated my character from the charge of the sen-
ator from Kentucky, but shall do more, much
more to show that I did all an individual,
standing alone, as I did,, could do to avert the
106
THIRT7 YEABS* VIEW.
present calamities : and, of course, I am free
from all responsibility for what has since hap-
pened. I have shortened the extracts, as fkr as
was possible to do justice to myself, and haye
left out much that ought, of right, to be read in
my defence, rather than to weary the Senate.
I know how difficult it is to command attention
to reading of documents ; but I trust that this,
where justice to a member of the body, whose
character has been assailed, without the least
proyocation, will form an exception. The ex-
tracts are numbered, and I will thank the sec-
retary to pause at the end of each, unless other-
wise desired.
" [The secretary read as requested.]
^ But the removal of the deposits was not the
only question discussed at that remarkable and
important session. The charter of the United
States Bank was then about to expire. The
senator from Massachusetts nearest to me [Mr.
Webster], then at the head of the committee
on finance, suggested, in his place, that he
intended to introduoe a bill to renew the
charter. I clearly perceived that the movement^
if made, would fiul; and that there was no
prospect of doing any thing to arrest the dan-
ger approaching, unless the subject was taken
up on the broad question of the currency ; and
that if any connection of the government with
the banks could be justified at all, it must be in
that relation. I am not among those who be-
lieve that the currency was in a sound condition
when the deposits were removed in 1834. I
then believed^ and experience has proved I was
correct, that it was deeply and dangerously dis-
eased; and that the most efficient measures
were necessary to prevent the catastrophe which
has since fallen on the circulation of the country.
There was then not more than one dollar in
specie, on an average, in the banks, including
the United States Bank and all, for six of bank
notes in circulation; and not more than one
in eleven compared to liabilities of the banks ;
and this while the United States Bank was in
fiill and active operation ; which proves con-
clusively that its charter ought not to be re-
newed, if renewed at all, without great modifica-
tions. I saw also that the expansion of the cir-
culation, groat as it then was, must still farther
increase ; that the disease lay deep in the sys-
tem ; that the terms on which the charter of the
Bank of England was renewed would give a
western direction to specie, which, instead of
correcting the disorder, by substituting specie
ibr bank notes in our circulation, would become
the basis of new banking operations that would
greatly increase the swelling tide. Such were
my conceptions then, and I honestly and ear-
nestly endeavored to carry them into effect, in
order to prevent the approaching catastrophe.
" The political and personal relations between
n^self and the senator from Massachusetts [Mr.
Webster], were then not the kindest. We
stood in opposition at the preceding session on
the great question growing out of the conflict
between the State I represented and the genenl
government, which could not pass away with-
out leaving unfriendly feelings on both sides;
but where duty is involved, I am not in the
habit of permitting my personal relations to iii-
terfere. In my solicitude to ayoid coming dan-
gers, I sought an interview, through a common
niend, in order to compare opinions as to the
proper course to be pursued. We met, and con-
versed freely and fiiUy, but parted without
agreeing. I expressed to him my deep regret
at our disagreement, and informed him that, al-
though I could not agree with him, I would
throw no embarrassment in his way ; but should
feel it to be my duty, when he made his motion
to introduce a bill to renew the charter of the
bank, to express my opinion at large on the
state of the currency and the proper course to
be pursued ; which I accordingly did. On that
memorable occasion I stood almost alone. One
party supported the league of State banks, and
the other the United States Bank, the charter
of which the senator from Massachusetts [>ir.
Webster,] proposed to renew for six yeare.
Nothing was left me but to place myself dis-
tinctly before the country on the ground I occu-
pied, which I did fully and explicitly in the
speech I delivered on the occasion. In justice
to myself; I ought to have every word of it read
on the present occasion. It would of itself be a
full vindication of my course. I stated and cd-
larged on all the points to which I have already
referred ; objected to the recharter as proposed
by the mover; and foretold that what has since
happened would follow, unless something effec-
tual was done to prevent it. As a remedy, I
proposed to use the Bank of the United States
as a temporary expedient, fortified with strong
guards, in order to resist and turn back the
swelling tide of circulation.
"After haying so expressed myself, which clear-
ly shows that my object was to use the bank
for a time in such a manner as to break the
connection with the system, without a shock to
the country or currency, I then proceed aiid ex-
amine the question, whether this could be best
accomplished by the renewal of the charter of
the United SUtes Bank, or through a league of
State banks. After concluding what I had W
say on the subject, in my deep solicitude I iw"
dressed the three parties in the Senate sepa-
rately, urging such motives as I thought best
calculated to act on them ; and pressing them ^
join me in the measure suggested, in order to
avert approaching danger. I be^ with DijF
friends of the State rights party, and witn
the administration. I have taken copious ex-
tracts from the address to the first, which wiU
clearly prove how exactly my opinions then and
now coincide on all questions connected ^^^^
the banks. I now ask the secretary to read ttfi
extract numbered two.
" [The secretary read accordingly.]
ANKO 1838. MARTIN VAN B0REN, FBESroENT.
107
''I regret to tnspass on the patience of the
Senate, bat I wish, in justice to myself^ to ask
their attention to one more, which, though not
immediately relatmg to the question under con-
sideration, is not urrelevant to my yindication.
I not only e3q>res8ed my opinions freely in rela-
tion to the currency and the bank, in the speech
from which such copious extracts haye been
read, but had the precaution to define my
political position distinctly in reference to the
political parties of the day, and the course I
would pursue in relation to each. I then, as
now, belonged to the party to which it is my
glory ever to haye been attached ezclusiyely ;
and ayowed, explicitly, that I belonged to nei-
ther of the two parties, opposition or adminis-
tration, then contending for superiority ; which
of itself ought to go iar to repel the charge of
the senator from Kentucky, that I haye gone
oyer from one party to the other. The secre-
tary will read the last extract
*^rThe secretary read.]
'^ Such, senators, are my recorded sentiments
in 1834. They are full and explicit on all the
questions inyolyed in the present issue, and
proye, beyond the possibility of doubt, tnat I
haye changed no opinion, abandoned no princi-
ple, nor deserted any party. I stand now on
the ground I stood then, and, of course, if my
relations to the two opjposing parties are
changed — if I now act with those I then op-
posed, and oppose those with whom I then
acted, the change is not in me. I, at least, haye
stood stilL In saying this, I accuse none of
changing. I leaye others to explain their posi-
tion, now and then, if they deem explanation
necessary. But, if I may be permitted to state
my opinion, I would say that the change is
rather in the questions and the circumstances,
than in the opinions or prindples of either or
the parties. The opposition were then, and are
now, national bank men, and the administra-
tion, in like manner, were anti-national bank,
and in fayor oi a league of State banks ; while I
preferred then, as now, the former to the latter,
and a diyorce rrom banks to either. When the
experiment of the league failed, the administra-
tion were reduced to the option between a
national bank and a diyorce. They chose the
latter, and such, I haye no reason to doubt,
would haye been their choice, had the option
been the same four years ago. Nor haye I any
doubt, had the option been then between a
lei^e of banks and diyorce, the opposition
then, as now, would haye been in fayor of the
league. In all this there is more apparent than
real change. As to myself, there has been
neither. If I acted with the opposition and
opposed the administration then, it was because
I was openly opposed to the remoyal of the
deposits and the league of banks, as I now am ;
and if I now act with the latter and oppose the
former^ it is because I am now, as then, in fayor
of a diyoroe, and opposed to either a league of
State banks or a national bank, except, indeed,
as the means of effecting a diyorce gradually
and safely. What, then, is my ofience ? What
but refusing to abandon my first choice, the
diyoroe from the banks, because the administra-
tion has selected it. and of goioff with the oppo-
sition for a national bank, to which I haye been
and am still opposed f Tnat is all ; and for this
I am charged with going oyer — leaying one
party and Joining the other.
" Yet, in the face of all this, the senator has
not only made the charge, but has said, in his
place, that he heard^ for the first time in his
life, at the extra session, that I was opposed to
a national bank ! I could place the senator in
a dilemma from whidi there is no possibility
of escape. I might say to him, you haye either
forgot, or not, what I said in 1834. If you haye
no^ how can you justify yourself in making the
chu^ you haye ? But if you haye — ^if you
haye forgot what is so recent, and what, from
the magnitude of the question and the import-
ance of the occasion, was so well calculated to
impress itself on your memory, what possible
yalue can be attached to your recollection or
opinions, as to my course on more remote and
less memorable occasions, on which you haye
undertaken to impeach n^ conduct 1 lie may
take his choice.
^ Haying now established by the record that
I haye chuiged no opinion, abandoned no prin-
ciple, nor deserted any party, the charge of the
senator, with all the aspersions with which he
acoompanied it, fiills prostrate to the earth.
Here I might leaye the subject, and close my
yindication. But I choose not I shall follow
the senator up, step by step, in his unproyoked,
and I may now add, groundless attack, with
blows not less decisiye and yictorious.
^^ The senator next proceeded to state, that
in a certain document (if he named it, I did
not hear him) I assigned as the reason why I
could not join in the attack on the administra-
tion, that the benefit of the yictory would not
enure to myself, or my party; or, as he ex-
plained himself, because it would not place
myself and them in power. I presume he re-
ferred to a letter, in answer to an inyitation to
a public dinner, offered me by my old and fiuth-
ful friends and constituents of £dgefield, in ap-
probation of my course at the extra session.
*' [Mr. Clay. I do.]
"The pressure of domestic engagements
would not pNBrmit me to accept their invitation ;
and, in declining it, I deemed it due to them
and myself to explain my course, in its political
and party bearing, more fully than I had done
io debate. They had a right to know my rea-
sons, and I expressed myself with the frankness
due to the long and uninterrupted confidence
that had eyer existed between us.
" Haying made these explanatory remarks, I
now proceed to meet the assertion of the sen-
ator. I again take issue on the fitct I assigned
108
THIRTY YEARS* VIEW.
no such reason as the senator attributes to me.
I nerer dreamed nor thought of such a one ; nor
can an^ force of construction extort such from
what I said. No ; my object was not power or
place, either for myself or party. I was hr
more humble and honest. It was to save our-
selves and our principles from being absorbed
and lost in a parV) ^o^ numerous and power-
ful ; but differing m>m us on almost every prin-
ciple and question of policy.
''When the suspension of specie pa3rments
took place in May last (not unexpected to me),
I immediately turned my attention to the event
earnestly, considering it as an event pregnant
with great and lasting consequences. Review-
ing the whole ground, I saw nothing to change
in the opinions and principles I had avowed m
1834 ; and I determined to carry them out^ as
&T as circumstances and my ability would ena-
ble me. But I saw that my course must be
influenced by the position which the two great
contending parties might take in reference to
the question. I did not doubt that the opposi-
tion would rally either on a national bank, or
a combination of State banks, with Mr. Biddle's
at the head ; but I was wholly uncertain what
course the administration would adopt, and re-
mained so until the message of the President
was received and i«ad by the secretary at his
table. When I saw he went for a divorce^ I
never hesitated a moment Not only my opm-
ions and principles long entertained, and, as I
have shown, fully expressed years ago, but the
highest political motives, left me no alternative.
I perceived at once that the object, to accom-
plish which we had acted in concert with the
opposition, had ceased : Executive usurpations
had come to an end for the present : and that
the struggle with the administration was no
longer for power, but to save themselves. I
also clearly saw, that if we should unite with
the opposition in their attack on the adminis-
tration, the victory over them, in the position
they occupied, would be a victory over us and
our principles. It required no sagacity to see
that such would be the result. It was as plain
as day. The administration had taken position,
as I have shown, on the very ground I oocujMea
in 1834; and which the whole State rights
narty had taken at the same time in the other
Mouse, as its journals will prove. The opposi-
tion, under the banner of the bank, were moving
against them for the verjr reason that they had
taJcen the ground they did.
" Now, I ask, what would have been the re-
sult if we had joined in the attack ? No one
can now doubt that the victory over those in
power would have been certain and decisive,
nor would the consequences have been the
least doubtful. The first fruit would have been
a national bank. The principles of the opposi-
tion, and the very object of the attack, would
have necessarily led to that We would have
been not only too feeble to resist) but would
have been committed by joining in the attadk
with its avowed object to ^ for one, while
those who support the administration would
have been scattered in the winds. We should
then have had a bank — ^that is dear; nor is it
less certain, that in its train there would have
followed all the consequences which have and
ever will fi)llow, when tried — ^high duties, over^
flowing revenue, extravagant expenditures, laige
surpluses ; in a word, all those disastrous con-
sequences which have well near overthrown
our institutions, and involved the country in
its present difficulties. The influence of the
institution, the known principles and policy of
the opposition, and the utter prostration of the
administration party, and the i^orption of
our& would have lea to these results be cer-
tumy as we exist.
" 1 now appeal, senators, to your candor and
justice, and ask, could I, having all these conse-
quences before me, with my known opinions and
toat of the party to which I belong, and to which
only I owe fidelity, have acted difierently from
what I did 7 Would not any other course have
justly exposed me to the charge of having aban-
doned my principles and party, with whi<Si I am
now accused so unjustly ? Nay, would it not
have been worse than folly— been madness in
me, to have taken any other ? And yet, the
grounds which I have assumed in this exposi-
tion are the very reasons assigned in my letter,
and which the senator has perverted most un-
fairly and unjustl]^ into the pitiful^ personal, and
selfish reason, wmch he has attributed to me.
Confirmative of what I say, I again appeal to
the record. The secretary will read the para-
graph marked in my Edgefield letter, to which,
I presume, the senator alluded.
'^ [The secretary of the Senate reads :1
" ' As soon as I saw this state of things, I cleaiiy
perceived that a very important question was
presented for our determination, which we were
compelled to decide forthwith — shall we con-
tinue our joint attack with the Nationals on
those in power, in the new position whi<^ thej
have been compelled to occupy 7 It was cdear,
with our joint forces, we could utterly over-
throw and demolish them ; but it was not less
clear that the victory would enure, not to us.
but exclusively to the benefit of our allies and
their cause. They were the most numerous and
powerful, and the point of a.ssault on the posi-
tion which the party to be assaulted had taken
in relation to the banks, would have greatly
strengthened the settled principles and policy
of the National party, and weakened, in the
same degree, ours. They are, and ever have
been, the decided advocates of a national bank ;
and are now in &vor of one with a capital so
ample as to be sufficient to control the StAte in-
stitutions, and to regulate the currency and ex-
changes of the country. To join them with
their avowed object in the attack to overthrow
those in power, on the ground they occupied
ANNO 1W8. MARTIN VAN BUREN, PRESIDENT.
109
•gainst a bank, would, of coarse, not only have
placed the goyemment and country in their
hands without opposition, but would have com-
mitted us, beyond the possibility of extrication,
for a bank ; and absorbed our puty in the ranks
of the National Republicans. The first fruits
of the Tictory would have been an overshadow-
ing National Bank, with an immense capital,
not less than from fifty to a hundred millions ;
which would haye centralized the currency and
exchanges, and with them the commerce and
capital of the country, in whatever section the
h€«d of the institution might be placed. The
next would be the indissoluble union of the
political opponents, whose principles and policy
are so opposite to ours, and so duigerous to our
mstitutions, as well as oppressive to us.'
^ I now ask, is there any thing in this extract
which wiU warrant the construction that the
senator has attempted to force on it 1 Is it not
manifest that the expression on which he fixes,
that the victory would enure, not to us^ but
exclusively to the benefit or the opposition,
alludes not to power or place, but to principle
and policy ? Cfan words be more plain ? What
then becomes of all the aspersions of the sena-
tor, his reflections about selfishness and the
want of patriotism, and his allusions and illus-
trations to give them force and effect ? They
fall to the ground without deserving a notice,
with his poundless accusation.
^ But, m so premeditated and indiscriminate
an attadE, it could not be expected that my mo-
tives would entirely escape ; and we accordingly
find the senator very charitably leaving it to
time to disclose my motive for going over.
Leave it to time to disclose my motive for going
over ! I who have changed no opinion, aban-
doned no principle, and deserted no party : I,
who have stood stilL and maintained my ground
against eveiy difficulty, to be told that it is left
to time to disclose my motive ! The imputation
sinks to the earth with the groundless chuKe
on which it rests. I stamp it with scorn in the
dust I pick up the dart which fell harmless
at my feet I hurl it back. What the senator
charges on me uzgustly, he has actually done.
He went over on a memorable occasion, and did
not leave it to time to disclose his motive.
" The senator next tells us that I bore a char-
acter for stem fidelity ; which he accompanied
with remarks implvmg that I had forfeited it
by my course on the present occasion. If he
means by stem fidelity a devoted attadiment to
duty and principle, wmch nothing can overcome,
the character is, indeed a high one ; and I trust,
not entirely unmerited. I have, at least, the
authority of the senator himsc^ for saying that
it belonged to me before the present occasion,
and it is, of course, incumbent on him to show
that I have since forfeited it He will find the
task a Herculean one. It would be by far more
easy to show the opposite i that, instead of foi^
feiting^ I haye strengthened my title to the char-
acter ; instead of abandoning any principles, I
have firmly adhered to them ; and that too, under
the most ^piJling difficulties. K I were to
select an instance in the whole course of my
life on which, above all others, to rest my claim
to the character which the senator attributed
to me, it would be this very one, which he has
selected to prove that I have forfeited it.
^ I acted with the full knowledge of the diffi-
culties I had to encounter, and the responsibil-
ity I must incur. I saw a great and powerful
party, probably the most powerful in the coun-
try, eagerly seizing on the catastrophe which
had befallen the currency, and the consequent
embarrassments that followed, to displace those
in power, against whom they had been long
contending. I saw that, to stand between them
and their object, I must necessarily incur their
deep and lasting displeasure. I also saw that,
to maintain the administration in the position
they had taken — to separate the government
fi'om the banks, I would draw down on me,
with the exception of some of the southern
banks, the whole weight of that extensive, con-
centrated, and powerful interest — the most pow-
erfiil by far of any in the whole community ;
and thus I would unite against me a combina-
tion of political and moneyed influence almost
irresistible. Nor was this all. I could not but
see that, however pure and disinterested my
motives, and however consistent my course
with all I had ever said or done, I woiQd be ex-
posed to the yeiy cbams and aspersions which
I am now repelling, ^e ease with which they
could be made, and the temptation to make
them, I saw were too great to be resisted by
the party morality of the day — as groundless as
I have demonstrated them. But there was
another consequence that I could not but fore-
see, far more painful to me than all others. I
but too clearly saw that, in so sudden and com-
plex a juncture, called on as I was to decide on
my course instantiy, as it were, on the field of
battle, without consultation, or explaining my
reasons, I would estrange for a time many of
my political fiiends, who had passed through
with me so many trials and difficulties, and for
whom I feel a.brother's love. But I saw before
me the path of duty^ and, though rugged, and
hedged on all sides with these and many other
difficulties, I did not hesitate a moment to take
it After I had made up my mind as to my
course, in a conversation with a friend about
the responsibility I would assume, he remarked
that my own State might desert me. I replied
that it was not impossible ; but the result has
proved that I under-estimated the intelligence
and patriotism of my virtuous and noble State.
I ask her pardon for the distrust implied in my
answer; but I ask with assurance it will l)o
granted, on the grounds I shall put it — that, in
being prepared to sacrifice her confidence, as
dear to me as light and life, rather than disobey,
on this great question, the dictates of my judg-
110
THIRTY YEARS' VIEW.
ment and conscience, I proved mjself worthy
of being her representative.
"But if the senator, in attriboting to me
stern fidelity, meant, not devotion to principle,
but to party, and especially the party of winch
he is so prominent a member, my answer is,
'that I never belonged to his party, nor owed it
any fidelity; and, of course, could forfeit, in
reference to it, no character for fidelity. It is
true, we acted in concert against what we be-
lieved to be the usurpations of the Executive ;
and it is true that, during the time, I saw much
to esteem in those with whom I acted, and con-
tracted friendly relations with many ; which I
shall not be the first to foiget It is also true
that a common party designation was applied
to the opposition in the aggregate — ^not, how-
ever, with my approbation ; but it is no less
true that it was universally known that it con-
sisted of two distinct parties, dissimilar in prin-
ciple and policy, except in relation to the object
for which they nad united : the national repub-
lican party, and the portion of the State rights
party which had separated from the administrar
tion, on the ground that it had departed from
the true principles of the original party. That
I belonged exclusively to that detached portion,
and to neither the opposition nor administration
pw-ty. I prove by my explicit declaration, con-
tained in one of the extracts read from my
speech on the currency in 1834. That the
party generally, and the State which I repre-
sent in part, stood aloof from both of the par-
ties, may be established from the fiict that they
refused to mingle in the party and political con-
tests of the day. My State withheld her elec-
toral vote in two successive presidential elections ;
and, rather than to bestow it on either the sen-
ator from Kentucky, or the distinguished citizen
whom he opposed, in the first of those elec-
tions, she threw her vote on a patriotic citizen
of Virginia, since deceased, of her own politics ;
but who was not a candidate ', and, in the last,
she refused to give it to the worthy senator
from Tennessee near me (Judge Whith), though
his principles and views of policy approach so
much nearer to hers than that of the party to
which the senator from Kentucky belongs.
" And here, Mr. President, I avail myself of
the opportunity to declare my present political
position, so that there may be no mistake here-
after. I belong to the old RepubUcan State
Rights party of '98. To that, and that alone, I
owe fidehty, and by that I shall stand through
evexy change, and in spite of every difficulty.
Its creed is to be found in the Kentucl^ reso-
lutions, and Virginia resolutions and report;
and its policy is to confine the action of this
government within the narrowest limits com-
patible with the peace and security of these
States, and the objects for which the Union
was expressly formed. I, as one of that party,
shall support all who support its principles ana
policy, and oppose all who oppose tnem. I
have given, and shall continue to give, the ad>
ministration a hearty and sincere support on
the great question now under discoasion, be-
cause I regard it as in strict conformity to our
creed and policy ; and shall do every thing in
my power to sustain them under the great re-
sponsibility which they have assumed. But
let me tell those who are more interested in
sustaining them than myself^ that the danger
which threatens them lies not here, but in
another quarter. This measure will tend to
uphold them, if they stand fiist, and adhere to
it with fidelity. But, if they wish to know
where the danger is, let them look to the ^scal
department of the government. I said, years
ago, that we were committing an error the re-
verse of the great and dangerous one that was
committed in 1828, and to which we owe our
present difficulties, and all we have since expe-
rienced. Then we raised the revenue greatly,
when the expenditures were about to be re-
duced by the discharge of the public debt ; and
now we have doubled the disbursements, when
the revenue is rapidly decreasing; an error,
which, although probably not so fatal to the
country, will prove, if immediate and vigorous
measures be not adopted, far more so to those
in power.
" But the senator did not confine his attack
to my conduct and motives in reference to the
present question. In his eagerness to weaken
the cause I support^ by destroying confidence in
me, he made an indiscriminate attack on my in-
tellectual faculties, which he characterized ae
metaphysical, eccentric, too much of genius^ and
too little common sense ; and of course wanting
a sound and practical judgment.
"Mr. President, according to my opinion,
there is nothing of which those who are en-
dowed with superior mental faculties ought to
be more cautious, than to reproach those with
their deficiency to whom Providence has bees
less liberal. The faculties of our mind arc the
immediate gift of our Creator, for which we are
no farther responsible than for their proper cul-
tivation, according to our opportunities, and
their proper application to control and regulate
our actions. Thus thinking. I trust I shall be
the last to assume superiority on my part or
reproach any one with inferiority on his ; but
those who do not regard the rale, when ap-
plied to others, cannot expect it to be obserred
when applied to themselves. The critic must
expect to be criticised ; and he who points om
the faults of others, to have his own points
out.
" I cannot retort on the senator the charge of
being metaphysical. I cannot accuse him of
possessing the powers of analysis and generali-
zation those higher faculties of the mind (called
metapnysical by those who do not possess
them), which decompose and resolve into their
elements the complex masses of ideas that exist
in the world of mind — as chemiBtry does the
ANNO 1888. MARTIN VAN BUBEN, PRESIDENT.
Ill
bodies that sorroazid us in the mftterial world;
and ndthout which those deep and hidden
caases which are in constant action, and pro-
ducing such mighty changes in the condition
of society, would operate unseen and undetect-
ed. The absence of these higher qualities of
the mind is conspicuous throughout the whole
course of the senator's public life. To this it
may be traced that he prefers the specious to
the solid, and the plausible to the true. To
the same cause, combined with an ardent tem-
perament, it is owing that we eyer find him
mounted on some popular and fayorite measure,
which he whips along, cheered by the shouts ot
the multitude, and neyer dismounts till he has
rode it down. Thus, at one time, we find him
mounted on the protectiye system, which he
rode down; at another, on internal improye-
ment ; and now he is mounted on a bank, whidi
wUl surely share the same htje, unless those
who are immediately interested shall stop him
in his headlong career. It is the fault of his
mind to seize on a few prominent and striking
adyantages, and to pursue them eagerly with-
out looking to consequences. Thus, in the case
of the protectiye system, he was struck with
the advantages of manufactures ; and, belieying
that high duties was the proper mode of pro-
tecting them, he pushed forward the system,
without seeing that he was enriching one por-
tion of the country at the expense of the other ;
corrupting the one and alienating the other;
and, finally, diyiding the community into two
great hostile interests, which terminated in the
oyerthrow of the system itself. So, now, he
looks only to a uniform currency, and a bank
as the means of securing it, without once re-
flecting how far the banking system has pro-
gressed, and the difficulties tiiat impede its far-
ther progress ; that banking and politics are
running together to their mutoal destruction ;
and tlutt the only possible mode of saying his
fayorite system is to separate it fh)m the goy-
enmient.
" To the defects of understanding, which the
senator attributes to me, I make no reply. It
is for others, and not me, to determine the por-
tion of understanding which it has pleased the
Author of my being to bestow on me. It is,
howeyer, fortunate for me, that the standard by
which I shall be judged is not the false, [ureju-
diced, and, as I haye shown, unfounded opinion
which the senator has expressed ; but my acts.
They furnish materials, neither few nor scant,
to form a just estimate of my mental facul-
ties. I have now been more than twenty-six
years continuously in the seryice of this goy-
emment, in yarious stations, and haye tidcen
port in almost all the great questions which
haye agitated this country during this long and
important period. Throughout the whole I
haye neyer followed eyents, but haye taken my
stand in adyance, openly and fireely ayowing my
opinions on all questionSi and leayi^g it to time
and experience to condemn or approye my
course. Thus acting, I haye often, and on great
questions, separated from those with whom I
usually acted, and if I am really so defectiye in
sound and practical judgment as the senator
represents, the proo^ if to be found any where,
must be found in such instances, or where I
haye acted on my sole responsibility. Now, I
ask, in which of the many instances of the kind
is such proof to be found ? It is not my inten-
tion to call to the recollection of the Senate all
such ; but that you, senators, may judge for
yourselyes, it is due in justice to myself, that I
should suffgest a few of the most prominent^
which at uie time were regarded as the senator
now considers the present ; and then, as now,
because where duty is inyolyed, I would not
submit to party trammels.
" I go back to the commencement of my pub-
lic life, the war session, as it was usually called,
of 1812, when I first took my seat in the other
House, a young man. without experience to
guide me, and I shall select, as the first instance,
the Nayy. At that time the administration and
the party to which I was strongly attached were
decidedly opposed to this important arm of ser-
yice. It was considered anti-republican to sup-
port it ; but acting with my then distinguished
colleague, Mr. Gheyes, who led the way, I did
not hesitate to giye it my hearty support, re-
gardless of party ties. Does this instance sus-
tain the charge of the senator ?
^ The next I shall select is the restrictiye
system of that day, the embargo, the non-im-
portation and non-intercourse acts. This, too,
was a party measure which had been long and
warmly contested, and of course the lines of
party well drawn. Young and inexperienced as
I was, I saw its defects, and resolutely opposed
it, almost alone of my party. The second or
third speech I made, after I took my seat, was
in open denunciation of the system ; and I may
refer to the groimds I then assumed, the truth
of which haye been confirmed by time and ex-
perience, with pride and confidence. This will
scarcely be selected by the senator to make good
hisduurge.
" I pass oyer other instances, and come to
Mr. Dallas's bank of 1814-15. That, too, was
a party measure. Banking was then compar-
atiyely but little understood, and it may seem
astonishing, at this time, that such a project
should eyer haye receiyed any countenance
or support It proposed to create a bank of
$50,000,000, to consist aknost entirely of what
was called then the war stocks ; that is, the pub-
lic debt created in carrying on the then war. It
was proyided that the bank should not pay
specie during the war, and for three years after
its termination, for carrying on which it was to
lend the goyemment the funds. In plain lan-
guage, the goyemment was to borrow back its
own credit from the bank, and pay to the insti-
tution six per cent, for its use. I had scarcely
112
THIBTT YEARS' VIEW.
ever before seriously thought of banks or bank-
ing, but I clearly saw through the operation,
and the danger to the government and country ;
and, regardless of party ties or denunciations, I
opposed and defeated it in the manner I ex-
plained at the extra session. I then subjected
myself to the very charge which the senator
now makes ; but time has done me justioe, as it
will in the present instance.
^'Passing the interrening instances, I come
down to my administration of the War Depart-
ment, where I acted on my own judgment and
responsibility. It is known to all, that the de-
paiiment, at that time, was perfectly disorgan-
ized, with not much less than $50,000,000 of
outstanding and unsettled accounts ; and the
n^eatest confusion in every branch of service.
Though without experience^ I prepared, shortly
after I went in, the bill for its organization, and
on its passage I drew up the body of rules for
carrying the act into execution ; both of which re-
main substantially unchanged to this day. After
reducing the outstanding accounts to a few mil-
lions, and introducing order and accountability in
every branch of service, and bringing down the
expenditure of the army from four to two and a
half millions annually, without subtracting a
single comfort from either ofScer or soldier, I
left the department in a condition that might
well be compared to the best in any country.
If I am deficient in the qualities which the sena-
tor attributes to me, here in this mass of details
and business it ought to be discovered. Will
he look to this to nuUce good his charge?
^' From the war department I was transferred
to the Chair which you now occupy. How I
acquitted mvself in the discharge of its duties, I
leave it to the body to decide, without adding a
word. The station, from its leisure, gave me a
good opportunity to study the genius of the
prominent measure of the day, called then the
American system ; of which I profited. I soon
perceived where its errors lay, and how it would
operate. I clearly saw its desolating effects in
one section, and corrupting influence in the
other; and when I saw iMt it could not be ar-
rested here, I fell back on my own State, and a
blow was given to a system destined to destroy
our institutions, if not overthrown, which
brought it to the ground. This brings me
down to the present times, and where passions
and prejudices are yet too strong to make an
appeal, with any prospect of a fur and impartial
verdict I then transfer this, and all my subse-
quent acts, including the present^ to the tribunal
of posterity; with a perfect confidence that
nothing will be found^ in what I have said or
done, to impeach my mtegrity or understand-
ing.
" I have now, senators, repelled the attacks
on me. I have settled the account and cancel-
led the debt between me and my accuser. I
have not sought this controversy, nor have I
shunned it when forced on me. I nave acted on
the defenuve, and if it is to continue, whk^
rests with tiie senator, I shall throughout con-
tinue so to act. I know too well the advantage
of my position to sui^nder it The senator
commenced the controversy, and it is but right
that he should be responsible for the direction
it shall hereafter take. Be his determination
what it may, I stand prepared to meet him.^
CHAPTER XXVIII.
DEBATE BETWEEN MB. CHAT AND MB. CAUaOUN :
BEJOINDEB8 BT EACH.
Mr. Clay : — " As to the personal part of the
speech of the senator from South Carolina, I
must take the occasion to say that no man is
more sincerely anxious to avoid aU personal con-
troversy than myself. And I may confidently
appeal to the whole course of my life for the
confirmation of that disposition. No man cher-
ishes less than I do feelings of resentment;
none fo^ts or forgives an injury sooner than
I do. 'uie duty which I had to perform in
animadverting upon the public conduct and
course of the senator from South Carolina was
painful in the extreme ; but it was, neverthel^s,
a public duty ; and I shrink from the performance
of no dutj; required at my hands by my conntry.
It was painful, because I had long served in the
public councils with the senator from South
Carolina, admired his genius, and for a great
while had been upon terms of intimacy with
him. Throughout my whole acquaintance with
him, I have constantly strugjled to think well
of him, and to ascribe to nun public virtues.
Even after his famous summerset at the extra
session, on more than one occasion I defended
his motives when he was assailed; and insisted
that it was uncharitable to attribute to him
others than those which he himself avowed.
This I continued to do, until I read this most
extraordinary and exceptionable letter : [Here
Mr. Clay held up and exhibited to the Senate
the Edgefield letter, dated at Fort Hill, Novem-
ber 3, 1837 :] a letter of which I cannot speak
in merited terms, without a departure from the
respect which I owe to the Senate and to myself
When I read that letter, sir. its unblushmg
avowals, and its unjust reproacnes cast upon my
ftiends and myself, I was most reluctantly com-
pelled to change my opinion of the honorable
senator from South Carolina. One so distin-
guished as he is, cannot expect to be indulged
with speaking as he pleases of others, without
a reciprocal privilege. He cannot suppose that
he may set to the right or the left, cut in and
out, and chasse, among principles and parties
as often as he pleases, without animadversion.
I did, indeed, understand the senator to say, in
ANKO 18S8. MABTIN VAN BUBKK, PRESIDElTr.
113
his fonner epeech, that we, the whigs, were un-
wiae and unpcttrioiic in not uniting with him
fn snpporting the bill under consideration. But
in tbit Edgefield letter, among the motives
which he assigns for kaving us, I understand
him to declare that he could not 'back and sus-
tain those in such oppositioiL in whose wisdom,
firmness, and patriotism, I nare no reason to
confide.'
^ After haying written and published to the
world such a letter as that, and after what has
fallen from the senator, in the progress of this
debate, towards my political friends, does he
imagine that he can prsuade himself and the
country that he really occupies, on this occtr
sion, a defensiye attitude? In that letter he
says:
" * I detrly saw that oar bold and vlffOTOiia attaeka had mada
a deep and raooeMfal Impreeslon. State interpodtion bad
orertbrowD tbe proteettTe tarU^ and with it the American
Sitem, and pot a stop to the oongreflelonal oaoivation ; and
e Joint attacks of oar party, and that of oar old opponents,
the national repnblieans, bad effsetoallT broa^ht down tbe
power of tbe Executive, and arrested lla encroachmenta for
tbe present It was for that paipuee we had united. Trne
to onr principle of opposition to tho encroachment of power,
from whatever quarter it might come, we did not bealtate,
after overthrowing the protective syatem, and arresting k'gis-
lative usurpation, to join the authors of that sjatem, in order
to arrest tbe eneroafChmentB of the Ezoootive, although we
dUTered aa widelj as the polea on almost every other qcestion,
and regarded the usurpation of the Executive but as a neces-
may consequence of the principles and poli<7 of our new
** State interposition I — ^that is as I understand
the senator firom South Carolina ; nullification,
he asserts, overthrew the protectiye tariff and
the American system. And can that senator,
knowing what he knows, and what I know,
deliberately make such an assertion here? I
bad heard similar boasts before, but did not
rqgard them, until I saw them coupled in this
letter with the imputation of a purpose on the
part of my friends to disr^prd tne compromise,
andreviye the high tariff Nullification, Mr.
President, oyerthrew the protective policy !
No, sir. The compromise was not extorted by
tbe terror of nullification. Among other more
important motives that influenced its pissage,
it was a compassionate concession to the impru-
dence and impotency of nullification I The dan-
ger from nullification itself excited no more ap-
prehension than would be felt by seeing a regi-
ment of a thousand boys, of five or six years of
age, decorated in brilliant uniforms, with their
gaudy plumes and tiny muskets, marching up
to assault a corps of 50^000 grenadiers, six feet
high. At the commencement of the session of
1832, the senator firom South Carolina was in
any condition other than that of dictating terms.
Those of us who were then here must recollect
well his haggard looks and his anxious and de-
pressed countenance. A highly estimable friend
of mine, Mr. J. M. Clayton, of Delaware, alludr
ing to the possibility of a rupture with South
Carolina^ and declarations of President Jackson
with respect to certain distingiiiBhed individuals
Vol. II.— 8
whom he had denounced and proscribed, sud
to me, on more than one occasion, referring to
the senator from South Carolina and some ol
his colleagues, ^ They are clever fellows, and it
will never do to let old Jackson hang them.'*
Sir, this disclosure is extorted from me by the
senator.
^ So &r from nullification having overthrown
the protective policy, in ass&ting to the cooh
promise, it expressly sanctioned the constitu-
tional power which it had so strongly contro-
verted, and perpetuated it. There is protection
fh>m one end to the other in the compromiaa
act ; modified and limited it is true, but protec-
tion nevertheless. There is protection, adequate
and abundant protection, until the year 1842;
and protection indefinitely beyond it. Until
that year, the biennial reduction of duties it
slow and moderate, such as was perfectly satis-
factory to tlie manufacturers. Now, if the sys-
tem were altogether unconstitutional, as had
been contended, how could the senator vote for
a bill which continued it for nine years 1 Then,
beyond that period, there is the provision for
cash duties, home valuations, a long and liberal
list of free articles, carefully made out by my
friend from Rhode Island (Mr. Knight), ex-
pressly for the benefit of the nwnufacturers ; and
the power of discrimination, reserved also for
their benefit ; within the maximum rate of duty
fixed in the act. In the consultations between
the senator and myself in respect to the com-
promise act, on every point upon which I in-
sisted he gave way. He was for a shorter term
than nine years, and more rapid reduction. I
insisted, and he yielded. He was for fifteen in-
stead of twen^ per cent, as the maximum duty ;
but yielded. Ue was against any discrimination
within the limited range of duties for the benefit
of the manu&cturers ; but consented. To the
last he protested agamst home valuation, but
finally gave way. Such is the compromise act ;
and the Senate will see with what propriety the
senator can assert that nullification had over-
thrown the protectiye tariff and the American
system. Nullification ! which asserted the ex-
traordinary principle that one of twenty-four
members of a confederacy, by its separate action,
could subvert and set aside the expressed will
of the whole ! Nullification ! a strange, imprac-
ticable, incomprehensible doctrine, that partakes
of the character of the metaphysical school of
German philosophy, or would be worthy of the
puzzling theological controversies of the middle
ages.
^ No one, Mr. President, in the commence-
ment of the protective policy^ ever supposed
that it was to be perpetual. We hoped and be-
lieved that temporary protection extended to
our in&nt manunctures, would bring them up,
and enable them to withstand competition with
those of Enrol 3. We thoueht, as the wise
French minister did, who, when urged by a
British minister to consent to the equal intio*
114
THIRTY TEAKS' VIEW.
duction into the two countries of their respective
productions, replied that free trade might be
rery well for a country whose mano&ctures
had reached perfection, but was not entirely
adapted to a countiy wnich wished to build up
its manu&ctures. If the protective policy were
entirely to cease in 1842, it would have existed
twenty-six years from 1816, or 18 from 1824 ;
guite as long as. at either of those periods, its
iends supposea might be necessary. But it
does not cease then^ and I sincerely hope that
the provisions oontamed in the compromise act
for its benefit beyond that period, will be found
sufficient for the preservation of all our interest-
ing manufactures. For one, I am willing to ad-
here to, and abide by the compromise in all its
provisions, present and prospective, if its fair
operation is undisturbed. The Senate well
knows that I have been constantly in favor of a
strict and faithful adherence to the compromise
act. I have watched and defended it on all
occasions. I desire to see it fiiithfully and in-
violably maintained. The senator, too, from
South Carolina) alleging that the South were
the weaker party, has hitherto united with me
in sustaining it. Nevertheless, he has left us,
as he tells us in his Edgefield letter, because he
apprehended that our principles would lead us
to the revival of a high tariff.
" The senator from South Carolina proceeds,
in his Edgefield letter, to say :
***I dearly percetyed that a yery important qnestlon was
presented for oar determination, which we were compelled
to decide forthwith : ahall we contlnne oar Joint attack with
the natlonala on thoee In power, in the new positlun which
thej haye heen compelled to occnpj ? It was clear that, with
our Joint forces, we could utterly oyerthrow and demolish
theoL But it was not less clear that iAs natatory teould
«nt*r« not to iM, bat excltaively to the benefit of oar allies
and their caose.'
" Thus it appears that in a common struggle
for the benefit of our whole country, the sena-
tor was calculating upon the party advantages
which would result from success. He quit us
because he apprehended that he and his party
would be absorbed by us. Well, what is to be
their fate in his new alliance? Is there no
absorption there? Is there no danger that the
senator and his party will be absorbed by the
administration party? Or does he hope to ab-
sorb that? Another motive avowed in the
letter, for his desertion of us, is, that ^ it would
also give us the chance T)f efiecting what is still
more important to us, the union of the entire
South.' What sort of an union of the South
does the senator wish? Is not the South
already united as a part of the common con-
federacy ? Does he want any other union of it ?
I wish he would explicitly state. I should be
glad, also, if he would define what he means by
the South. He sometimes talks of the planta-
tion or staple States. Mairland is partly a
staple State. Virginia and North Carolina
more so. And Kentucky and Tennessee have
also staple productions. Are all these States
parts of kia Sonth ? I fear, Mr. President^ that
the political geography of the senator compre-
hends a much uurger South than that South
which is the object of his particular solicitude ;
and that, to find the latter, we should have to
go to South Carolina; ana, upon our arrival
there, trace him to Fort Hill. This is the dis-
interested senator frt>m South Carolina !
" But he has left no party, and joined no
ptatj ! No ! None. With the daily evidences
before us of his frequent association, counselling
and acting with the other party, he would tax
our credulity too much to require us to believe
that he has formed no connection with it. He
may stand upon his reserved rights ; but they
must be mentally reserved, for they are not ob-
vious to the Senses. Abandoned no party?
Why this letter proclaims his having quitted ua,
and assigns his reasons for doing it; one of
which is, that we are in favor of that national
bank which the senator himself has sustained
about twenty-four years of the twenty-seven
that he has been in public life. Whatever im-
pression the senator may endeavor to make
without the Senate upon the country at large,
no man within the Senate, who has eyes to see^
or ears to hear, can mistake his present position
and party connection. If, in the speech which
I addressed to the Senate on a former day,
there had been a single fiict stated which was
not perfectly true, or an inference drawn which
was not fully warranted, or any description of
his situation which was incorrect, no man would
enjoy greater pleasure than I should do in recti-
fying the error. If, in the picture which I por-
trayed of the senator and his course^ there be
any thing which can justly give him dissatisfiio-
tion, he must look to the original and not to the
punter. The conduct of an eminent public man
is a fiur subject for exposure and animadversion.
When I addressed the Senate before, I had jusi
perused this letter. I recollected all its re^
preaches and imputations against us, and those
which were made or impli^ in the speech of
the honorable senator were also fresh in my
memoiy. Does he expect to be allowed to cast
such imputations, and make such reproaches
against others without retaliation ? . Holding
my^lf amenable for my public conduct, I choose
to animadvert upon his, and upon that of others,
whenever circumstances, in my judgment, ren*
der it necessary ; and I do it under all juist ne^
sponsibility which belongs to the exercise of
such a privilege.
" The senator has thought proper to ezerdst
a corresponding privil^e toinards myself; and,
without being very specific, has taken upon
himself to impute to me the chai^ of going
over upon some occasion, and that in a manner
which left my motive no matter of conjecture
If the senator mean to allude to the stale and
refuted calumny of Qeorge Kremer, I assure
him I can hear it without the slightest emo-
tion ; and if he can find any fragment of that
AJSmSO 18S8. MABTIN YAS BUREK, PRESIDENT
116
rent banner to oorer his own aberrationB,
he is perfectlj at liberty to enjoy all the shelter
which it affords. In my case there was no
going over about it ; I was a member of the
House of Representatiyes, and had to give a yote
for one of three candidates for the presidency.
Mr. Crawford's unfortunate physical condition
placed him out of the question. The choice was,
* therefore, limited to the venerable gentleman
from Massachusetts, or to the distinguished in-
habitant of the hermitage. I could give but one
yote ; and, accordii^ly, as I stated on a former
occasion, t gave the vote which, before I left
Kentucky, I communicated to my colleague
[Mr. Crittenden], it was my intention to give
in the contingency which happened. I have
never for one moment regretted the vote I then
gave. It is true, that the legislature of Ken-
tucky had requested the representatives from
that State to vote for General Jackson ; but my
own immediate constituents, I knew well, were
opposed to his election, and it was their will,
and not that of the legislature, according to
every principle applicable to the doctrine of in-
structions, which I was to deposit in the ballot^
box. It is their glory and my own never to
have concurred in the elevation of General
Jackson. They ratified and confirmed my vote,
and every representative that they have sent to
Congress since, including my fHend, the present
member, has concurred with me in opposition
to the election and administration of General
Jackson.
^ If my information be not entirely incorrect,
and there was any going over in the presiden-
tial election which terminated in February,
1825, the senator from South Carolina — and not
I — ^went over. I have understood that the
senator, when he ceased to be in favor of him-
self,— that is, after the memorable movement
made in Philadelphia b^ the present minister to
Russia (Mr. Dallas! withdrawing his name from
the canvass, was the known supporter of the elec-
tion of Mr. Adams. What motives induced him
afterwards to unite in the election of General
Jackson, I know not. It is not my habit to
impute to others uncharitable motives, and I
leave the senator to settle that account with his
own conscience and his country. No, sir, I
have no reproaches to make myself and feel
perfectly invulnerable to any attack from others,
on account of any part which I took in the elec-
tion of 1825. And I look back with entire and
conscious satisfaction upjon the whoie course of
the arduous administration which ensued.
" The senator from South Carolina thinks it
to be my misfortune to be always riding some
hobby, and that I stick to it till I ride it down.
I think it is his never to stick to one long
enough. He is like a courier who, riding from
post to post, with relays of fresh horses, when
he changes his steed, seems to forget alt<^ther
the last which he had mounted. Now, it is a
part of my pride and pleasure to say, that I
never in my life changed my detiberate opinion
upon any great question of national policy but
once, and that was twenty-two years ago, on
the question of the power to establish a bank
of the United States. The change was wrought
by the sad and disastrous experience of the
want of such an institution, growing out of the
calamities of war. It was a change which I
made in common with Mr. Madison, two gov-
ernors of Virginia^ and the great body of the
republican party, to which I have ever be-
longed.
"• The distinguished senator sticks long to no
hobby. He was once gayly mounted on that
of internal improvements. We rode that double
— ^the senator before, and I behind him. He
quietly slipped off, leaving me to hold the bridle.
He introduced and carri^ through Congress in
1816, the bill setting apart the large Iwnus of
the Bank of the United States for internal iut-
provements. His speech, delivered on that oc-
casion, does not intimate the smallest question
as to the constitutional power of the govern-
ment, but proceeds upon the assumption of its
being incontestable. When he was subse-
quently in the department of war, he made to
Congress a brilliant report, sketching as splen-
did and magnificent a scheme of internal im-
provements for the entire nation, as ever was
presented to the admiration and wonder of
mankind.
*^ No, sir, the senator from South Carolina is
free from all reproach of sticking to hobbies.
He was for a bank of the United States in 1816.
He proposed, supported, and with his accus-
tomed ability, carried through the charter. He
sustained it upon its admitted grounds of con-
stitutionality, of which he never once breathed
the expression of a doubt. During the twenty
years of its continuance no scruple ever escaped
from him as to the power to create it. And in
1834, when it was about to expire, he delibe-
rately advocated the renewal of its term for
twelve years more. How profound he may
suppose the power of analysis to be, and what^
ever opinion he may entertain of his own meta-
physics faculty, — can he imagine that any
plain, practical, common sense man can ever
comprehend how it is constitutional to prolong
an unconstitutional bank for twelve years ? He
may have all the speeches he has ever delivered
read to us in an audible voice by the secretary,
and call upon the Senate attentively to hear
them, beginning with his speech in fiivor of a
bank of the United States in 1816, down to his
speech against a bank of the United States,
delivered the other day, and he will have made
no progress in his task. I do not speak this in
any unkind spirit, but I will tell the honorable
senator when he will be consistent. He will
be so, when he resolves henceforward, during
the residue of his life, never to pronounce the
word again. We began our public career
nearly together ; we remained together through-
116
THIR1T YBAB8* VIEW.
out the war and down to the peace. We agreed
as to a bank of the United States — as to a pro-
tective tariff— as to internal improTements —
and lately, as to those arbitrary and Tiolent
measures which characterized the administrar
tion of General Jackson. No two prominent
public men erer agreed better together in re-
spect to important measures of national policy.
We concur now in nothing. Te separate ror
ever."
Mr. Calhoun. ^* The senator from Kentucky
says that the sentiments contained in my Edge-
field letter then met his yiew for the first time,
and that he read that document with equal pain
and amazement. Now it happens that I ex-
pressed these self-same sentunents just as
strongly in 1834, in a speech which was receiyed
with unbounded applause by that gentleman's
own party; and of which a vast number of
copies were published and«circulated through-
out the United States.
" But the senator tells us that he is among
the most constant men in this world. I am
not in the habit of charging others with incon-
sistency ; but one thing I will say, that if the
sentlemaa has not chuiged his principleSj he
has most certainly chan^ his company; for,
though he boaste of setting out in public life a
republican of the school of '98, he is now sur-
rounded by some of the most distinguished
members of the old federal party. I do not de-
sire to disparage that party. I always respected
them as men, though I belieyed their political
principles to be wrong. Now, either the gen-
tleman's associates have changed, or he has ;
for t^y are now together, though belonging
formerly to different and opposing parties — ^par-
tie& as eyery one knows, directly opposed to
each other in policy and principles.
^ He says I was in fiiyor of the tariff of 1816,
and took the lead in ite support He is cer-
tainly mistaken again. It was in charge of my
oollel^^e and friend, Mr. Lowndes, chairman
then of the committee of Ways and Means, as
a reTOpue measure only. I took no other part
whatever but to deliver an off-hand speech, at
the request of a friend. The question of pro-
tection, as a constitutional question, was not
touched at alL It was not made, if my memo-
ry serves me, for some years after. Am to pro-
tection, I believe little of it, except what all ad-
mit was incidental to revenue, was contained in
the act of 1816. As to my views in regard to
protection at that early period, I refer to my
remarks in 1813, when I opposed a renewal
(^ the non-importation act, expressly on the
ground of ite giving too mudi protection to the
manu&ctorers. But while I declared, in my
place, that I was opposed to it on that ground,
I at the same time stated that I would go as fiur
as I could with propriety, when peace return-
ed, to protect the capital which the war and the
extreme policy of the government had turned
into that chaxmeL T& senator refers to my
report on internal improvement, when I wis
secretary of war ; but. as usual with him, for-
gete to tell that I maae it in obedience to a res-
olution of the House, to which I was bound to
answer, and that I 'expressly stated I did not
involve the constitutional question; ofwhidi
the senator may now satisfy himself if he will
read the ktter part of the report Ab to the
bonus bill, it grew out of the reoommeDdatioD
of Mr. Madison in his last message; and al-
though I proposed that the bonus should be
set apart for the purpose of internal improve-
ment, leaving it to be determined tbereailer,
whether we had the power, or the coDBtitution
should be amended, in oonfermity to Mr. Madi-
son's recommendation. I did not touch the
question to what extent Congress might pos-
sess the power ; and when requested to insert
a direct recognition of the power by some of
the leading members, I refused, expressly oa
the ground that, though I believed it existed, I
had not made up my mind how fkr it extended
As to the bill, it was perfectly oonstitutioDsl
in my opinion then, and which still remaiBS
unchanged, to set aside the fund proposed, and
with the object intended, but which could not
be used without specific appropriations there-
after.
^* In my opening remarks to-day, I said the
senator's speech was remarkable, both for its
omissions and mistakes ; and the senator infers,
with his usual inaccuracy, that I alluded toi
difference between his spoken and printed
speech, and that I was answering the latter.
In this he was mistaken ; I hardly ever reads
speech, but reply to what is said here in de-
bate. I know no other but the speech deliver
ed here.
"As to the argumente of each of us, I «°
ynlling to leave them to the judgment of the
countn^ : his speech and argumente, and mine,
will be read with the closer attention and deeper
interest in consequence of this day's occurrence.
It is aU I ask."
Mr. Clay. " It is very true that the Bcnator
had on other occasions, besides his Edgefield
letter, claimed that the influence arising ff^
the interference of his own Stete had effected
the tariff compromise. Mr. G. had so stated
the fact when up before. But in the Edg^
field letter the senator took new ground, he de-
nounced those with whom he had been acting
as persons in whom he could have no confi-
dence, and imputed to them the design of i^
newing a high tariff and patronising extrava-
gant expenditures, as the natural consequenc^
of the esteblishment of a bank of the United
States, and had presented this as a reason for
lus recent course. When, sidd Mr. C, I saw a
charge like this, together yrith an imputation
of unworthy motives, and all this deliberately
written and published, I could not but feel very
differently from what 1 should have done under
a mere casual remark.
ANNO 1888. UABLTa VAN BUREN, PBEBIDSNT.
117
'* But the BeDfttor sAys, that if I ha^e not
changed prindples, I haTe at least got into
BtraDge company. Why leailj. Mr. Pinesident,
. the gentleman has so recently oianged his rela-
tions that he seems to haye forgotten into
what company he has fallen himselE He says
that some of my friends once belonged to the
federal party. Sir. I am ready to go into an
examination with tne honorable senator at any
time, and then we shall see if there are not
more members of that same old federal party
amongst those whom the senator has so re-
cently joined, than on our side of the house.
The plain truth is, that it is the old federal par^
ty with whom he is now acting. For all the
former grounds of difference which distin-
guished that party, and were the great subjects
of contention between them and the repibli-
cans, have ceased from lapse of time and change
of circumstances, with the exception of one, and
that is the maintenance and increase of execit-
tive power. This was a leading policT' of the
federal party. A strong^ powwful, and ener-
getic executiye was its &Y0rite tenet. The
leading members of that party had come out of
the national conyention with an impression that
under the new constitution the executiye arm
was too weak. The danger they apprehended
was, that the executiye would be absorbed by
the legislatiye department of the goyemment ;
and accordingly the old federal doctrine was
that the £xc^tiye must be upheld, that its in-
fluence must be extended and strengthened;
and as a means to this, tJiat its patronage must
be multiplied. And what, I pray, is at this
hour the leading object of that party, which the
senator has joined, but this yery thing 1 It
was maintained in the conyention by Mr. Madi-
son, that to remoye a public o£9oer without
yalid cause, would rightfully subject a president
of the United States to impeachment But
now not only is no reason required, but the
principle is maintained that no reason can be
asked. A is remoyed and B is put in his place,
because such is the pleasure of the president.
" The senator is fond of the recoil. I should
not myself haye gone to it* but for the infinite
grayity and self-complacency with which he
appeals to it in yindication of his own consis-
tency. Let me then read a little from one of
the yery speeches in 1834, from whidi he has
so libenlly quoted, and called upon the secre-
tary to read so loud, and the Senate to listen so
attentiyely :
** Bat there to in my opinkm a itrong, tf not an Insnpenble
obJeetloD against resortln to this measare, resnldng ft^ni the
Jiiet that an oxdoalTe receipt of specie la the treeanry would,
to give it efficacy, and to prevent extensive » peeulailon and
fraud, require an entire disconnection on the part of the gov-
ernment, with the banking system. In all its forma, and a re-
sort to the strong box, as the means of preserving and goard-
iag its ftinds— a means. If pracUcabie at all la the preeent state
of things, liable to the objection of being far Itat wft^ ec^no-
tnicalt and ^ffidmO^ fkan th4 prǤ$nV'
" Here is a strong denunciation of that yery
system he is now eulogising to the skies. Here
he deprecates a disoonnection with all banks as
a most disastrons measure ; and, as the strongest
argument agamst it, says that it will necessarily
le^ to the antiquated policy of the strtmg box.
Yet^ now the senator thinks the strong box
system the wisest thing on earth. As to the
acquiescence of the honorable senator in mea-
sures deemed by him unconstitutional, I onlj
regret that ha suddenly stopped short in his
acquiescence. He was, m 1816, at the head of
the finance committee, in the other House, haying
been put there by myself acquieseinff all the
while in the doctrines of a bank, as perfectly
sound, and reporting to that effect. He acqm-
eflced for nearly twenty years, not a doubt es-
caping from him during the wnole time. The
year 1834 comes : the deposits are seised, the
curren^ turned up side down, and the senator
comes mrward and proposes as a remedy a con-
tinuation of the Bank of the United States for
twelye years — ^here acquiescing once more ; and
as he tells us, in order to saye the countir.
But if the salyati<m of the country would justify
his acquiescence in 1816 and in 1834, 1 can only
regret that he did not find it in his heart to
acquiesce once more in what would haye reme-
died all our eyils.
^ In regard to the tariff of 1816, has the senator
forgotten the dispute at that time about the
protection of the cotton manu&cture ? The
yery point of that dispute was, whether we had
a right to giye protection or not He admits
the truth of what I said, that the constitutional
question as to the power of the goremment to
protect our own industry was neyer raised be-
fore 1820 or 1822. It was but first hinted, then
oontroyerted, and soon after expanded into nul-
lification, alfiiough the senator had supported
the tariff of 1816 on the yery ground that we
had power. I do not now recollect distinctly
his whole course m the legislature, but he cer-
tainly introduced the bonus bill in 1816, and
sustained it by a speech on the subject of in-
ternal improyements, which neither expresses
nor implies a doubt of the constitutional power.
But why set apart a bonus, if the goyemment
had no power to make internal improyements ?
If he wished internal improyements^ but con-
scientiously belieyed them unconstitutional, why
did he not introduce a resolution proposing to
amend the constitution? Yet he offered no
such thing. When he produced his splendid
report from the war department, what did he
mean? Why did he tantalize us with that
bright and gorgeous picture of canals and roads,
and piers and luurbors, if it was unconstitutionai
for us to touch the plan with one of our fingers ?
The senator says in reply^ that this report did
not broach the constitutional question. True.
But why ? Is there any other conclusion than
that he did not entertain himself any doubt
about it? What a most extraordinary thing
would it be. should the head of a depi^tmen^
in his official capacity, present a report to both
118
THIRTr TEARS' VIEW.
houses of Congress, proposing a most elaborate
plan for the internal improvement of the whole
union, accompanied by estimates and statistical
tables, when he believed there was no power in
either house to adopt any part of it. The sena-
tor dwells upon Ids consistency : I can tell him
when he will be consistent — and that i6 when
he shall never pronounce that word again."
Mr. Calhoun. « As to the tariflf of 1816, 1
never denied that Congress have the power to
impose a protective tariff for the purpose of
revenue ; and beyond that the tariff of 1816
did not go one inch. The question of the con-
stitutionality of the protective tariff was never
raised till some time afterwards.
^ As to what the senator says of executive
power, I, as much as he, am opposed to its aug-
mentation, and I will go as fiir in preventing it
as any man in this House. I maintain that the
executive and judicial authorities should have
no discretionary power, and as soon as they
begin to exercise such power, the matter should
be taken up by Congress. These opinions are
well grounded in my mind, and I will go as £Eur
as any in bringing the Executive to this point.
But, I believe, the Executive is now outstripped
by the congressional power. He is for restrict-
ing the one. I war upon both.
^ The senator says I assigned as a reason of
my course at the extra session that I suspected
that he and the gentleman with whom he acted
would revive the tariff. I spoke not of the tariff,
but a national bank. I believe that banks natu-
rally and assuredly ally themselves to taxes on
the community. The higher the taxes the greater
their profits ; and so it is with regard to a sur-
plus and the government disbursements. If the
EMinking power is on the side of a national bank,
I see in that what may lead to all the conse-
quences which I have described ; and I oppose
institutions that are likely to lead to such re-
sults. When the bank should receive the money
of the government, it would ally itself to taxa-
tion, and it ought to be resisted on that ground.
I am very glad that the question is now fairly
met The fieite of the country depends on the
point of separation ; if there be a separation be-
tween the government and banks, the banks
will be on the republican side in opposition to
taxes ; if they unite, they will be in fiivor of
the exercise of the taxing power.
^' The senator says I acquiesced in the use of
the banks because the banks existed. I did so
because the connection existed. The banks were
already used as depositories of the government,
and it was impossible at once to reverse that
state of things. I went on the ground that the
banks were a necessary evil. The State banks
exist; and would not he be a madman that
would annihilate them because their respective
bills are uncurrent in distant parts of the coun-
try 1 The work of creating them is done, and
cannot be reversed ; when once done, it is done
for ever*
^ I was formerly decided in fiiror of separatiiig
the banks and the government, but it was im-
possible then to make it, and it would have been
followed by nothing but disaster. The senator
says the separation already exists ; but it is
only contingent ; whenever the banks resume,
the connection will be legally restored. In 1834
I objected to the sub-treasury project^ wd I
thought it not as safe as the system now before
us. But it turns out that it was more safe, as
appears from the argument of the senator from
Delaware, (Mr. Bayard.) I was then under
the impression that the banks were more safe
but it proves otherwise."
Mr. Clay. " If the senator would review his
speech again, he would see there a plain and
explicit denunciation of a sub-treasury system.
" The distinguished senator from South Caro-
lina (I had almost said my friend from South
Carolina, so lately and So abruptly has he bunted
all amicable relations between us, independent
of his habit of change, I think, when he finds
into what federal doctrines and federal company
he has gotten, he will be disposed soon to feel
regret and to return to us,) has not, I am pe^
suaded, weighed sufificiently the import of the
unkind imputations contained in his Edgefield
letter towards his former allies — imputations
that their principles are daneerous to our insti-
tutions, and of their want of firmness and pa-
triotism. I have read that singular letter again
and again, with inexpressible surprise and re-
gret ; more, however, if he will allow mc to say
so, on his own than on our account
"Mr. President, I am done ; and I sincerely
hope that the adjustment of the account between
the senator and myself, just made, may be as
satisfactory to him as I assure him and the
Senate it is perfectly so to me."
Mr. Calhoun. " I have moi*e to say, but will
forbear, as the senator appears desirous of hat-
ing the last word."
Mr. Clay. "NotataU."
The personal debate between Mr. Calhoun
and Mr. Clay terminated for the day, and with
apparent good feeling; but only to break out
speedily on a new point, and to lead to further
political revelations important to history ^^^'
Calhoun, after a long alienation, personal as well
as political, fh)m Mr. Van Buren, and bitter
war&re upon him, had become reconciled to h«n
in both capacities, and had made a complii°^°'
tary call upon him, and had expressed to him
an approbation of his leading measures. AH
this was natural and proper after he had he-
come a public supporter of these measures ; but a
manifestation of respect and confidence bo ^^
cided, after a seven years' perseverlmoe in a ^'
fiare so bitter, could not be expected to P^
ANNO 1888. MARTIN VAN BUREN, PRESmENT.
119
without the impatation of BiniBter motiyes;
and, accordingly, a design upon the presidency
as successor to Mr. Van Buren was attributed
to him. The opposition newspapers abounded
with this imputation; and an early occasion
was taken in the Senate to make it the subject
of a public debate. Mr. Calhoun had brought
into the Senate a bill to cede^to the several
States the public lands within their limits,
after a sale of the saleable parts at graduated
prices, for the benefit of both parties — ^the
new States and the United States. It was
the same bill which he had brought in two
years before ; but Mr. Clay, taking it tip as a
new measure, inquired if it was an administra-
tion measure? whether he had brought it in
with the concurrence of the President ? If no-
thing more had been said Mr. Calhoun could
haye answered, that it was the same bill which
he had brought in two years before, when he was
in opposition to the administration ; and that his
reasons for bringing it in were the same now as
then ; but Mr. Clay went on to taunt him with
his new relations with the chief magistrate, and
to connect the bill with the yisit to Mr. Van
Buren and approval of his measures. Mr. Cal-
houn saw that the inquiry was only a vehicle
for the taunt, and took it up accordingly in that
sense : and this led to an exposition of the rea-
sons which induced him to join Mr. Van Buren,
and to explanations on other points, which be-
long to history. Mr. Clay began the debate thus :
'^ Whilst up, Mr. Clay would be glad to learn
whether the administration is in favor of or
against this measure, or stands neutral and un-
committed. This inquiry he should not make,
if the recent relations between the senator who
introduced this bill and the head of that admin-
istration, continued to exist; but rumors, of
which tne city, the circles and the press are
full, assert that those relations are entirely
changed, and have, within a few days, been
substituted by others of an intimate, friendly,
and confidential nature. And shortly after the
time when this new state of things is alleged to
have taken place, the senator gave notice of his in-
tention to move to introduce this bill. Whether
this motion has or has not any connection with
that adjustment of former difierences. the public
would, he had no doubt, be glad to know. At
all events, it is important to know in what re-
lation of support, opposition, or neutrality, the
administration actually stands to this momen-
tous measure; and he [Mr. C], supposed that
the senator from South Carolina, or some other
senator, could communicate the desired informa-
tion."
Mr. Calhoun, besides vindicating himself, re-
buked the indecorum of making his personal
conduct a subject of public remark in the Sen-
ate ; and threw back the taunt by reminding
Mr. Clay of his own change in iKvor of Mr.
Adams.
^ He said the senator frt>m Kentucky had in-
troduced other, and extraneous personal matter ;
and asked whether the bill had the sanction of
the Executive ; assigning as a reason for his in-
quiry, that, if rumor was to be credited, a change
of personal relation had taken place between
the President and myself within the last few
days. He [Mr. C] would appeal to the Senate
whether it was decorous or proper that his per-
sonal relations should be drawn in question
here. Whether he should establish or suspend
personal relations with the President, or any
other person, is a private and personii concern,
which belongs to himself individually to deter^
mine on the propriety, without consulting any
one, much less the senator. It was none of his
concern, and he has no right to question me in
relation to it
" But the senator assumes that a change in
my personal relations involves a change of poli-
tical position ; and it is on that he founds bis
right to make the inquiry. He judges, doubt-
less, by his own experience ; but I would have
him to understand, said Mr. C, that what may
be true in his own case on a memorable occa-
sion, is not true in mine. His political course
may be governed by personal considerations;
but mine, I trust, is governed strictly by my
principles, and is not at all under the control of
my attacnments or enmities. Whether the
President is personally my friend or enemy,
has no influence over me in the discharge of my
duties, as, I trust, mv course has abundantly
proved. Mr. C. concluded by saying, that he
felt that these were improper topics to intro-
duce here, and that he had passed over them as
briefly as possible."
This retort gave new scope and animation to
the debate, and led to further expositions of the
famous compromise of 1833, which was a matter
of concord between them at the time, and of
discord ever since ; and which, being much con-
demned in the first volume of this work, the
authors of it are entitled to their own vindica-
tions when they choose to make them : and this
they found frequent occasion to do. The debate
proceeded:
^ Mr. Clay contended that his question, as to
whether this was an administration measure or
120
THIETY TEARS^ VffiW.
not, was a proper one, as it was important for
the public information. He again referred to
the rumors of Mr. Calhoun's new relations with
the President, and supposed from the declanir
tions of the senator, that these rumors were
true ; and that his support, if not pledged, was
at least promised conditionally to the adminis-
tration. Was it of no importance to the public
to learn that these pledges and compromises had
been entered into ? — that the distinguished sena-
tor had made his bow in court, kissed the hand
of the monarch, was taken into fay or, and agreed
henceforth to support his edicts ? **
This allusion to rumored pledges and condi-
tions on which Mr. Calhoun had joined Mr.
Van Buren, provoked a retaliatory notice of
what the same rumor had bruited at the time
that Mr. Clay became the supporter of Mr.
Adams -, and Mr. Calhoun said :
<<The senator from Kentudcy had spoken
much of pledges, understandings, and political
compromises, and sudden change of personal re-
lations. He [said Mr. C] is much more expe-
rienced in such things thui I am. K my mem-
ory serves me, and if rumors are to be trusted,
tho senator had a great deal to do with such
things, in connection with a distinguished citi-
zen, now of the other House ; and it is not at
all surprising, from his experience then, in his
own case, that he should not be indisposed to
bdieve similar rumors of another now. But
whether his sudden change of personal relations
then, from bitter enmity to the most confiden-
tial friendship with that citizen, was preceded
by pledges, understandings, and political oom-
promiaes on the part of one or both, it is not
for me to say. The country has long since
passed on that."
All this taunt on both sides was mere irrita-
tion, having no foundation in fact. It so hap-
pened that the writer of this View, on each of
these occasions (of sudden ooi\junctions with
former adversaries), stood in a relation to know
what took place. In one case he was confiden-
tial with Mr. Clay ; in the other with Mr. Van
Buren. In a fonner chapter he has given his
testimony in favor of Mr. Clay, and agidnst the
imputed bargain with Mr. Aduns : he can here
give it in fnvor of Mr. Calhoun. He is entirely
eertain^as much so as it is possible to be in sup-
porting a negative — ^that no promise, pledge, or
condition of any kind, took place between Mr.
Calhoun and Mr. Van Buren, in coming together
as they did at this juncture. How &r Mr. Cal-
houn might have looked to lus own chance of
mcoeeding Mr. Van Buren, is another question,
and a fiur one. The sucoessk)n was certainly
open in the democratic line. Those who stood
nearest the head of the party had no desire for
the presidency, but the contrary; and onlj
wished a suitable chief magistrate at the head
of the government — giving him a cordial sup-
port in all patriotic measures ; and preserring
their independence by refusing his ftvors. This
allusion refers especially to Mr. Silas Wiight;
and if it had not been for a calamitous ood&-
gration, there might be proof that it wodd ap-
ply to another. Both Mr. Wright and Mr.
Benton refused cabinet appointments from Mr.
Van Buren; and repressed every moTement
in their favor towards the presidency. Under
such drcumstanoes, Mr. Calhoun might hin
indulged in a vision of the democratic saooes-
sion, after the second tenn of Mr. Van Boren,
without the slippery and ignominious oontriT-
anoe of attempting to contract for it before-
hand. There was certainly a talk about it, ind
a sounding of public men. Two difiereni
firiends of Mr. Calhoun, at two different tiioa
and places, — one in Missouri (Thomas Hadson,
Esq.), and the other in Washington (QoT.Ftl-
liam Smith, of Virginia), — ^inquired of ibis
writer whether he had sud that he could not
support Mr. Calhoun for the presidency, if
nominated by a democratic convention? uA
were answered that he had, and becanse Mr.
Calhoun was the author of nullification, and
of measures tending to the dissolution of ths
IJnkm. The answer went into the newspapers,
without the agency of him who gave it, and
without the reasons which he gave: and his
opposition was set down to causes equally
gratuitous and unfounded — one, personal ill-will
to Mr. Calhoun ; the other, a hankering after
the place himself. But to return to Messrs.
Clay and Calhoun. These reciprocal taunts
having been indulged in, the debate took a
more elevated turn, and entered the region of
history. Mr. Calhoun continued :
'^I will assure the senator, if there wo*
pledges in his case, there were none in minej
I have terminated my long^uspended pcrBOMl
intercourse with the President, without the
slightest pledge, understanding, or compromise
on either side. I would be the last to rec&^
or exact such. The transition from their fo^
mer to their present personal relation was ea^
and natural, requiring nothing of the kind. 1|
gives me pleasure to say, thus openly, that 1
have approved of all the leading measures ^^^
the President, since he took the Eiecutiv*
AKNO 18S& MABTDT VAN BUBBN, PBESIDENT.
121
chair, i
Aj becauM the^ aooord with the prin-
ciples and policy on which I hare long acted,
and often openly ayowed. The change, then, in
oar personal relationa, had simply followed that
of our politicaL Kor was it nuide suddenly, as
tbe senator chaigea. So far from it^ more than
two years haye elapsed sinoe I gave a decided
support to tbe leading measure of the Ezecu-
tiye, and on which almost all others since haye
tnnied. This Ions interval was permitted to
pass, in order that hia acts might giye assuranoe
whether there was a coincidence between our
political yiews as to the principles on which the
goyemment should be administered, before our
personal relations should be changed. I deemed
it due to both thus long to delay the diange,
among other reasons to discountenance such
idle rumors as the senator alludes to. That his
political course might be judged (said Mr. Cal-
houn) by the object he had in yiew, and not the
suspicion and jealousy of his political opponents,
he would repeat what he had said, at the last
session, was his object It is, said he, to oblit-
erate aJl those measures which had originated
in the national consolidation school of politics,
and especially the senator's fiuaous American
system, which he belieyed to be hostile to the
constitution and the genius of our political sys-
tem, and the real source of all the msorders and
dangers to which the country was, or had been,
subject. This done,. he was for giving the goy-
emment a fresh departure, in the direction in
which Jefferson and his associates would giye.
were they now alive and at the hehn. He stood
where he had always stood, on the old State
r^hts ground. His change of personal relation,
whidi gave so much concern to the senator, so
far from involving any change in his principles
or doctrines, grew out of them."
The latter part of this reply of Mr. Calhoun
16 worthy of universal acceptance, and perpetual
remembrance. The real source of all the disor-
ders to which the country was, or had been
subject) was in the system of legislation which
encouraged the industry of one part of the
Union at the expense of the other— which gave
rise to extravagant expenditures, to be expended
unequally in the two sections of the Union —
and which left tbe Southern section to pay the
expenses of a system which exhausted her.
This remarkable declaration of Mr. Calhoun was
made in 1839 — ^being four years after the slavery
agitation had superseded the tariff agitation, —
and which went back to that system of meas-
ures, of which protective tariff was the main-
spring, to find, and truly find, the real source
of all the dangers and disorders of the country
— ^past and present Mr. Clay replied :
^ He had understood the senator as Matat-
ing himself on the opportunity which had been
now afforded him by Mr. C. of defining once
more his polititml position ; and Mr. C. must
say that he had now defined it very clearly,
and had i^parently given it a new definition.
The senator now declared that all the leading
measures of the present administration had met
his approbation, and should receive his support
It turned out then, that the rumor to which
Mr. C. had alluded was true, and that the sen-
ator from South Carolina might be hereafter
regarded as a supporter of this administration,
since he had dedared that all its leading meoA-
ures were approved by him^and should have
his support As to the allusion which the sen-
ator fh>m South Carolina had made in regard
to Mr. C.'s support of the head of another ad-
ministration [Mr. Adams], it occasioned Mr. C.
no pain whatever. It was an old story, which
had long been sunk in oblivion, except when
the senator and a few others thought proper to
bring it up. But what were the heta of that
case ? Mr. C. was then a member of the House
of Representatives, to whom three persons had
been returned, from whom it was the duty of
the House to make a selection for the presiden-
cy. As to one of those three candidates, he was
^own to be in an unfortunate condition, in
which no one sympathized with him more tnan
did Mr. C. Certamlv the senator from South
Carolina did not. That gentleman was there-
fore out of the question as a candidate for the
chief magistracy ; and Mr. C. had conse(^uently
the only altemative of the illustrious individual
at the Hermitage, or of the man who was now
disttngui^ed in the House of Representatives,
and who had held so many public places with
honor to himself, and benefit to the country.
And if there was any truth in history, the
choice which Mr. C. then made was precisely
the choice which the senator from South Caro-
lina had urged upon his friends. The senator
himself had dediu^ his preference of Adams
to Jackson. Mr. C. made the same choice ;
and his constituents had approved it from that
day to this, and would to eternity. History
would ratify and approve it Let the senator
from SouUi Carolma make an^r thing out of that
part of Mr. C.'s public career if he could. Mr.
C. dd&ed him. The senator had alluded to Mr.
C. as ^e advocate of compromise. Certainly
he was. This government itself to a great ex-
tent, was founaed and rested on compromise ;
and to the particular compromise to which al-
lusion had been made, Mr. C. thought no man
ought to be more grateful for it than the sena-
tor from South Carolina. But for that com-
promise Mr. C. was not at all confident that he
would nave now had the honor to meet that
senator face to face in this national capitoL"
The allusion in the latter part of this reply
was to the President's declared determmation
to execute the laws upon Mr. Calhoun if an
122
THIRTY" YEARS' YIEW,
overt act of treaBon should be committed mider
the nullification ordinance of South Carolina ;
and the preparations for which (overt act) were
too far advanced to admit of another step, either
backwards or forwards ; and from which most
critical condition the compromise relieved those
who were too deeply- committed, to retreat >vith-
out ruin, or to advance without personal periL
Mr. Calhoun's reply was chiefly directed to this
pn^nant allusion.
'^ The senator from Kentucky has said, Mr.
President, that I, of all men, ought to be grate-
fid to him for the compromise act
[Mr. Clay. " I did not say * to me.' "]
^* The senator claims to be the author of that
measure, and. of course, if there be any gratitude
due. it must be to him. I, said Mr. Calhoun,
made no allusion to that act ; but as the senator
has thought proper to refer to it, and claim my
eratitude, I, in turn, now tell him I feel not the
least gratitude towards him for it The meas-
ure was necessary to save the senator politi-
cally: and as he has alluded to the subject, both
on this and on a former occasion, I feel bound
to explain what might otherwise have been left
in oblivion. The senator was then compelled to
compromise to save himself. Events had placed
him fiat on his back, and he had no way to re-
cover himself but bv the compromise. This is
no after thought. I wrote more than half a
dozen of letters home at the time to that effect
I shall now explain. The proclamation and
messaee of General Jackson necessarily rallied
around him all the steadfast friends of the sena-
tor's system. They withdrew their allegiance at
once from him, and transferred it to General
Jackson. The senator was thus left in the most
hopeless condition, with no more weight with his
former partisans than this sheet of paper Praising
a sheet from his desk). This is not all. The
position which General Jackson had assumed,
necessarily attracted towards him a distinguish-
ed senator from Massachusetts, not now here
[Mr. Webster], who, it is clear, would have
reaped all the political honors and advantages
of the system, had the contest come to blows.
These causes made the political condition of the
senator truly forlorn at the time. On him
rested all the responsibility, as the author of the
system; while all the power and influence it
gave, had passed into the hands of others. Com-
promise was the only means of extrication. He
was thus forced by the action of the State, which
I in part represent, against his system, by my
counsel to compromise, in order to save him-
self. I had the mastery over him on the occa-
sion."
This is historical, and is an inside view of his-
tory. Mr. Webster, in that great contest of
nnUification, was on the side of President Jack-
son, and the supreme defender of his gmt
measure — ^the Proclamation of 1833 ; and the
first and most powerful opponent of ths
measure out of which it grew. It was i splen-
did era in his life — both for his intellect^ and
his patriotism. No longer the advocate of
classes, or interests, he appeared the great de-
fender of the Union^-of the constitotioii— of
the country — and of the administration, to
which he was opposed. Released from the
bonds of party, and from the narrow confina
of class and corporation advocacy, his ooIobsiI
intellect expanded to its lull proportions in the
field of patriotism, luminous with the fires of
genius ; and commanding the homage, not of
party, but of country. His magnificent hir
rangnes touched Jackson in his deepestrseated
and ruling feeling — ^bve of countiy ! and
brought forth the response which always came
from him when the country was in peril, and a
defender presented himself. He threw oot the
right hand of fellowship — ^treated Mr. Webster
with marked distinction — commended liim with
pubhc praise— and placed him on the roll of par
triots. And the public mind took the beliei
that they were to act together in future ; &n<i
that a cabinet appointment, or a high mission,
would be the reward of his patriotic serrioe.
(It was the report of such expected preferment
that excited Mr. Randolph (then in no condi-
tion to bear excitement) against General Jack-
son.) It was a crisis in the political life of Mr.
Webster. He stood in public opposition U> Mr.
Clay and Mr. Calhoun. With Mr. Clay he bad
a public outbreak in the Senate. He was cor-
dial with Jackson. The mass of his parij
stood by him on the proclamation. He was at
a point from which a new departure might ^
taken : — one at whidi he could not stand still:
from which there must be advance, or recoil
It was a case in which w*7Z, more than inielUct,
was to rule. He was above Mr. Clay and Mr.
Calhoun in mtellect — ^below them in will And
he was soon seen co-operating with them (Mr.
Clay in the lead), in the great measure con-
demning President Jackson. And so passed
away the fruits of the golden era of 1833. It
was to the perils of this conjunction (of Jack-
son and Webster) that Mr. Calhoun referred,
as the forlorn condition from which the com^
promise relieved Mr. Clay : and, allowinfr to
each the benefit of his assertion, history a>uil<
ANNO 188a MARTIN VAN BURKN, PRESIDENT.
123
herself of the decIaratioDB of each in giying an
inside view of personal motives for a momen-
tous public act. And, without deciding a ques-
tion of mastery in the disputed victoiy, History
performs her task in recording the fact that, in
a brief space, both Mr. Calhoun and Mr. Web-
ster were seen following the lead of Mr. Clay
in bis great attack upon President Jackson in
the session of 1834r-'35.
" Mr. Clay, rejoining, said he had made no
allusion to the compromise bill till it was done
by the senator from South Carolina himself; he
made no reference to the eyents of 1825 until
the senator had himself set him the example ;
and he had not in the slightest and the most
distant manner alluded to nullification until
after the senator himself had called it up. The
senator ought not to have introduced that sub-
ject, especially when he had gone over to the
authors of the force bill and the proclamation.
I The senator from South Carolina said that he
[Mr. C] was flat on his back, and that he was
my master. Sir, I would not own him as my
' slave. He my master ! and I compelled by him !
^ And, as if it were impossible to go far enough
I in one paragraph, he refers to certain letters of
I his own to prove that I was flat on my back !
and, that I was not only on my back, but an-
other senator and the President had robbed
' me ! I was flat on my back, and unable to do
\ any thing but what the senator from South
Carolina permitted me to do !
"Why, sir, [said Mr. C] I gloried in my
strength, and was compell^ to introduce the
compromise bill ; and compelled, too, by the
senator, not in consequence of the wellness,
l)ut of the strength, of my position. If it was
possible for the senator from South Carolina to
introduce one paragraph without showing the
egotism of his character, he would not now ac-
knowledge that he wrote letters home to show
, that he (Mr. C.) was flat on his back, while he
was indebted to him for that measure which re-
' lieyed him from the difficulties in which he was
inyolyed. Now. what was the history of the
case ? Flat as ne was on his back, Mr. C. said
I be was able to produce that compromise, and to
carry it through the Senate, in opposition to the
most strenuous exertions of the gentleman who,
the senator from South Carolina said, had sup*
planted him, and in spite of his determined and
unceasing opposition. There was (said Mr. C.)
a sort of necessity operating on me to compel
me to introduce that measure. No necessity
' of a personal character influenced him; but
considerations inyolying the interests, the peace
, and harmony of the whole country, as well as
of the State of South Carolina, directed him in
the course he pursued. He saw the condition
' of the senator from South Carolina and that of
his friends ; he saw the condition to which he
, had reduced the gallant little State of South
Carolina by his unwise and dangerous measures;
he saw, too. that we were on the eye of a civil
war; and ne wished to saye the effusion of
blood — the blood of our own fellow-citizens.
That was one reason why he introduced the
compromise bill. There was another reason
that powerfully operated on him. The yery in-
terest that the tariff laws were enacted to pro-
tect— so great was the power of the then chief
magistrate, and so rapidly was that power in-
creasin^l^was in danger of being sacrificed. He
saw that the protective system was in danger
of being swept away entirely, and probably at
the next session of Congress, by the tremendous
power of the indiyidual who then filled the £xe-
cutiye chair ; and he felt that the greatest scrvioo
that he could render it, would be to obtain for
it * a lease for a term of years,' to use an expres-
sion that had been heretofore applied to the com-
promise bill. He saw the necessity that existed
to saye the protective system from the danger
which threatened it. He saw the necessity
to adyance the great interests of the nation, to
avert ciyil war, and to restore peace and har-
mony to a distracted and diyided country ; and
it was therefore that he had brought forward
this measure. The senator from South Carolina^
to betray still further and more strikingly the
characteristics which belonged to him, said, that
in consequence of his (Mr. C.'s) remarks this
yery day, all obligations towards him on the
part of himself (Mr. Calhoun), of the State of
South Carolina, and the whole South, were can-
celled. And what right had the senator to get
up and assume to spcAk of the whole South, or
even of South Carolina herself? If he was not
mistaken in his judgment of the political signs
of the times, and if tne information which came
to him was to be relied on, a day would come,
and that not yery distant neither^ when the
senator would not dare to rise in hjs place and
presume to speak as he had this day done, as
the organ of the gallant people of the State he
represented."
The concluding remark of Mr. Clay was
founded on the belief, countenanced by many
signs, that the State of South Carolina would
not go with Mr. Calhoun in support of Mr. Van
Buren ; but he was mistaken. The State stood
by her distinguished senator, and even gaye her
presidential vote for Mr. Van Buren at the en-
suing election — being the first time she had
yoted in a presidential election since 1829. Mr.
Qrundy, and some other senators, put an end
to this episodical and personal debate by turning
the Senate to a yote on the bill before it.
124
THUCTY TKARar VIEW
CHAPTER XXIX.
INDEPENDENT TBEABUBT, oi, DIYOSOE OF BANK
AND STATE: PASSED IN THE SENATE: LOST
IN THE HOUSE OF BEPBESENTATIYES.
This g;reat measnie oonsisted of two distiiict
parts : 1. The keeping of the public moneys :
2. The hard money currency in which they
were to be paid. The two measures together
completed the system of financial reform recom-
mended by the President. The adoption of
either of them singly would be a step— and a
step going half the distance-^towards establish-
ing the whole system: and as it was well sup-
posed that some of the democratic party would
balk at the hard money payments, it was de-
termined to propose the measures singly. With
this Tiew the committee reported a bill for the
Independent Treasury — that is to say, for the
keeping of the government moneys by its own
ofScers — without designating the currency to
be paid to them. But there was to be a loss
either way; for unless the hard money pay-
ments were made a part of the act in the first
instance, Mr. Calhoun and some of his friends
could not TOte for it. He therefore moved an
amendment to that efiect ; and the hard money
friends of the administration supporting his
motion, although preferring that it had not been
made, and some others voting for it as making
the bill obnoxious to some other friends of the
administration, it was carried; and became a
part of the bill. At the last moment, and when
the bill had been perfected as fiu* as possible by
its friends, and the final vote on its passage was
ready to be taken, a motion was made to strike
out that section — and carried — by the helping
vote of some of the friends of the administration
— as was well remarked by Mr. Calhoun. The
vote was, for striking out — Messrs, Bayard, Bu-
chanan, Clay of Kentucky, Clayton (Jno. M.),
Crittenden, Cuthbert, Davis of Mississippi, Ful-
ton, Grundy, Knight, M^ean, Merrick, Morris,
Nicholas, Prentiss, Preston, Rives, Bobbins,
Bobinson, Buggies, Sevier, Smith, of Indiana,
Southard, Spence, Swift, Talmadge, Tipton,
Wall, White, Webster, Williams— 31. On the
other hand only twenty-one senators voted for
retaining the clause. They were — Afesfrf. Allen,
of Ohio, Benton, Brown of North Carolina, Cal-
houn, Clay of Alabama, Hubbard of New
Hampshire, King of Alabama, Linn of Mis-
souri, Lumpkin of Geoi^ Lyon of Mi<dugan,
Mouton of Louisiana, Niles, Korvell, Franklin
Pierce, Roane of Virginia, Smith of Connecti-
cut, Strange of North Carolina, Trotter of Mis-
sissippi, Bobert J. Walker, Silas Wri^t^ Tonng
of Illinois— 21.
This section being struck from the bill, Mr.
Calhoun could no longer vote for it ; and gave
his reasons, which justice to him requires to
be preserved in his own words :
^ On the motion of the senator from Gkorgia
(Mr. Cuthbert), the 23d section, which pro-
vides for the collection of the dues c^ tiie gov-
ernment in specie^ was struck out, with the aid
of a few on this side, and the entire oppoeition
to the divorce on the other. That section pro-
vided for the repeal of the joint resolution of
1816, which authorises the receipt of bank
notes as cash in the dues of the public The
effects of this will be. should the bill pass in its
present shape, that the ^vemment will collect
its revenue and make its disbursements ex-
clusively in bank notes; as it did before the
suspension took place in May last Thii:^ will
stand precisely as they dia then, with but a
single exception, that the public deposits wiU
be made with the officers of the govenunejit
instead of the banks, under the provision of the
deposit act of 1836. Thus &r is certain. All
agree that such is the fact ; and such the efiect
of the passage of this bill as it stands. Now.
he intended to show conclusively, that the dif-
ference between depositing the public money
with the public officers, or with the banks
themselves, was merely nominal, as £u* as the
operation and profits of the banks were con-
cerned; that they would not make one cent
less profit, or issue a single dollar less, if the
deposits be kept by the officers of the govern-
ment instead of themselves ; and, of course, that
the system would be equally sumect to expan-
sions and contractions, and e^uuly exposed to
catastrophes like the present, m the onO) as the
other, mode of keeping.
*^ But he had other and insuperable objections.
In giving the bill originally his support he was
governed by a deep conviction that tne total
separation of the government and the hanks
was indispensable. He firmlv believed that we
had reached a point where the separation was
absolutely necessary to save both government
and banks. He was under a strong impression
that the banking system had reached a point of
decrepitude— that great and important changes
were necessary to save it and prevent convul-
sions ; and tliat the first step was a perpetual
separation between them and the government
But there could be, in his opinion, no separation
ANNO 1888. XABTIN VAN BUBEN, PBE8IDBNT.
125
—no drrarce— without oolledking the public
dues in the legal and constitotional conency of
the oonntiy. Without that, all would prove a
perfect delusion ; as this bill would proye should
It pass. We had no constitutional right to treat
the notes of mere priyate corporations as cash ;
and if we did, nothing would be done.
'^ These views, and many others similar, he
had openly expressed, in which the great body
of the gentlemen around him had concurred.
We stand openly pledged to them before the
country and the world. We had fought the
battle manfully and successfully. The cause
was good, and having stood the first shock, no-
thing was necessary, but firmness; standing
fut on our position to ensure victory — a great
and glorious victory in a noble cause, which
was calculated to effect a more important re-
formation in the condition of society than any
in our time — ^he, for one, could not aeree to
terminate all those mighty efforts, at wis and
the extra session, by returning to a complete
and perfect reunion with the banks in the worst
and most dangerous form. He would not belie
all that he had said and done, by voting for the
bill as it now stood amended ; and to terminate
that which was so gloriously begun, in so miser-
able a farce. He could not but feel deeply dis-
appointed in what he had reason to apprehend
would be the result — to have all our efforts and
labor thrown away, and the hopes of the coun-
try disappointed. All would be lost I No ; he
expressed himself too strongly. Be the vote
what it may, the discussion would stand Light
had gone abroad. The public mind had been
aroused, for the first time, and directed to this
great subject The intelligence of the country
is every where busy in exploring its depths and
intricacies, and would not cease to investigate
* till all its labyrinths were traced. The seed
that has been sown will sprout and grow to
maturity ; the revolution that has been begun
will go through, be our course what it may."
The vote was then taken on the passage of
the bill, and it was carried — ^by the lean major-
ity of two votes, which was only the difference
of one voter. The afOrmative vote was : Messrs.
AlleUy Benton, Brown, Clay of Alabama, Cuth-
bert, Fulton, Hubbard, King, linn, Lumpkin,
Lyon, Morris, Mouton, Niles, Norvell, Pierce,
Roane, Robinson, Sevier, Smith of Connecti-
cut, Strange, Trotter, Walker, Wall, Williams,
Wright, Young— 27. The negatives were :
Messrs. Bayard, Buchanan, Calhoun, Clay of
Kentucky, Clayton, Crittenden, Davies, Grun-
dy, Knight, McKean, Merrick, Nicholas, Pren-
tss, Preston, Rives, Bobbins, Ruggles, Smith
of Indiana, Southard, Spence, Swift, Talmadge,
Tipton, Webster, Hugh L. White— 25.
The act having passed the Senate by this
dender majority was sent to the House of Rep-
resentatives ; where it was lost by a n^jority
of 14. This was a dose vote fai a house of 236
present ; and the bill was only lost by several
fnends of the administration voting witii the
entire opposition. But a great point was
gained. Full discussion had been had upon
the subject, and the public mind was waked
up to it
OHAPTEB XXX.
PUBLIC LAZmS: GRADUATION OF PRIGS: PlUb>
SBftPTION BT8TEM: TAXATION WHEN BOLD.
For all the new States composed territory be-
longing, or chiefly so to the federal government,
the Congress of the United States became the
local legislature, that is to say, in the place of a
local legislature in all the legislation that re-
lates to the primaiy disposition of the soil. In
the old States this legislation belonged to the
State legislatures, and might have belonged to
the new States in virtue of their State sove-
reignty except by the ^ compacts ^^ with the
federal government at the time of their admis-
sion into the Union, in which they bound them-
selves, in consideration of land and money
grants deemed equivalent to the value of the
surrendered rights, not to interfere with the
primary disposition of the public lands, nor to
tax them while remaining unsold, nor for five
years thereafter. These grants, though accept-
ed as equivalents in the infimcy of the States,
were soon found to be vexy hr from it, even in
a mere moneyed point of view, independent of
the evils resulting from the administration of
domestic local questions by a distant national
legislature. The taxes alone for a few years on
the public lands would have been equivalent to
all the benefits derived from the grants in the
compacts. Composed of citizens from the old
States where a local legislature administered
the public lands according to the local interests
— selling lands of diflerent qualities for different
prices, according to its quality — granting pre-
emptions and donations to first settlers — and
sul^ecting air to taxation as soon as it became
public property; it yras a national feeling to
desire the same advantages ; and for this pur-
pose, incessant) and nsoally vain efforts were
126
THIRTT TEARS' VIEW,
made to obtain them- from Congress. At this
session (1837''38) a better progress was made,
and bills passed for all the purposes through
the Senate.
1. The graduation bill. This measure had
been proposed for twelve years, and the full
system embraced a plan for the speedy and
final extinction of the federal title to all the
lands within the new States. Periodical reduc-
tions of price at the rate of 25 cents per acre
until reduced to 25 cents : a preference in the
purchase to actual settlers, constituting a pre-
emption right : donations to destitute settlers :
and the cession of the refuse to States in which
they lay: — ^these were the provisions which
constituted the system and which were all con-
tained in the first bills. But finding it impos-
sible to carry all the provisions of the system
in any one bill, it became necessary to secure
what could be obtained. The graduation-bill
was reduced to one feature — reduction of price ;
and that limited to two reductions, bringing
down the price at the first reduction to one
dollar per acre: at the next 75 cents per
acre. In support of this bill Mr. Benton made
a brief speech, from which the following are
some passages :
•* The bill comes to us now under more fevor-
able auspices than it has ever done before. The
President recommends it, and the Treasury
needs the money which it will produce. A
gentleman of the opposition [Mr. Glat], re-
proaches the President for inconsistency in
making this recommendation ; he says that he
voted against it as senator heretofore, and re-
commends it as President now. But the gen-
tleman forgets so tell us that Mr. Van Buren,
when a member of the Senate, spoke in favor
of the general object of the bill from the first
day it was presented, and that he voted in favor
of one degree of reduction — a reduction of the
price of the public lands to one dollar per acre
— ^the last session that he served here. Far
from being inconsistent, the President^ in this
recommendation, has only carried out to their
legitimate conclusions the principles which he
formerly expressed, and the vote which he for-
merly gave.
^ The bill, as modified on the motions of the
senators from Tennessee and New Hampshh^
[Messrs. Grundy and Hubbard] stands shorn
of half its original provisions. Originally it
embraced four degrees of reduction , it now con-
tains but two of those degrees. The two last —
the fifty cent, and the twenty-five cent reduc-
tions, have been cut off. I made no objection
to the motions of those gentlemen. I knew
them to be made in a friendly spirit ; I knew
also that the success of their motions was neces-
sary to the success of any part of the bill. Cer-
tainly I would have preferred the whole — would
have preferred the four degrees of reductioa
But this is a case in which the homely maxim
applies, that half a loaf is better than no bread.
By giving up half the bill, we may gain the other
half; and sure I am that our constituents will
vastly prefer half to nothing. The lands may
now be reduced to one dollar for those whidi
have been five years in market, and to seventy-
five cents for those which have been ten years
in market. The rest of the bill is I'elinquished
for the present, not abandoned for ever. The
remaining degrees of reduction will be brought
forward hereafter, and with a better prospect of
success, after the lands have been picked and
culled over under the prices of the present bilL
Even if the clauses had remained which ha\«
been struck out, on the motions of the gentle-
men from Tennessee and New Hampshire, it
would have been two years from December
next, before any purchases could have been made
under them. They were not to take eJBTcct until
December, 1840. Before that time Congress
will twice sit again; and if the present bill
passes, and is found to work well, the enactment
of the present rejected clauses will be a matter
of course.
^ This is a measure emphatically for the bene-
fit of the agricultural interest — that great inte^
est, which he declared to be the foundation of
all national prosperity, and the backbone, and
substratum of every other interest — ^which was.
in the body politic, front rank for service, and
rear rank for reward — which bore nearly all the
burthens of government while carrying the go-
vernment on its. back — ^which was the fountain
of good production, while it was the pack-horse
of burthens, and the broad shoulders which re-
ceived nearly all losses — especially from broken
banks. This bill was for them ; and, in voting
for it, he had but one regret, and that was, that
it did not go far enough — that it was not equal
to their merits."
The bill passed by a good majority — 27 to
ANXO 1888. MABTIN YAII^ BUBEN, PREBIDEirr.
127
16 ; but fiuled to be acted upon in the House
of Representatives, though fayorablj reported
upon by its committee on the public lands.
2. The pre-emptiye system. The proyisions
of the bill were simple, being merely to secure
tlie priyilege of first purchase to the settler on
any lands to which the Indian title had been
extinguished; to be paid for at the minimum
price of the public lands at the time. A senator
from Maryland, Mr. Merrick, moved to amend
the bill by confining its benefits to citizens of
the United States — excluding unnaturalized
foreigners. Mr. Benton opposed this motion,
in a brief speech.
'^ He was entirely opposed to the amendment
of the senator from Maryland (Mr. Merrick).
It proposed something new in our legislation.
It proposed to make a distinction between aliens
and citizens in the acquisition of property.
Pre-emption rights had been granted since the
formation of the government ; and no distinc-
tion, until now, had been proposed, between the
persons, or classes of persons, to whom they
were granted. No law had yet excluded aliens
from the acquisition of a pre-emption right, and
he was entirely opposed to commencing a sys-
tem of legislation which w'as to affect the pro-
perty rights of the aliens who came to our
oountry to make it their home. Political rights
rested on a different basis. They involved the
management of the government, and it was right
that foreigners should undergo the process of
naturalization before they acquired the right of
sharing in the government. But the acquisition
of property was another affair. It was a private
and personal affair. It involved no question but
that of the subsistence, the support, and the
comfortable living of the alien and his fiunily.
Mr. B. would be agunst the principle of the
proposed amendment in any case, but he was
particularly opposed to this case. Who were
the aliens whom it proposed to affect? Not
those who are described as paupers and crimi-
nals, infesting the purlieus of the cities, but
those who had gone to the remote new States,
and to the remote parts of those States, and
Into the depths of the wilderness, and there
commenced the cultivation of the earth. These
were the description of aliens to be affected;
and if the amendment was adopted, they would
be excluded from a pre-emption right in the
soil they were cultivating, and made to wait
until they were naturalized. The senator from
Maryland (Mr. Merrick), treats this as a case
of bounty. He treats the pre-emption right u
a bounty from the government, and says that
aliens have no right to this bounty. But, is this
correct? Is the pre-emption a bounty? Far
from it. In point of money, the pre-emptioner
pays about as much as any other purchaser.
He pays the government price, one dollar and
twenty-five cents ; and the table of land sales
proves that nobody pays any more, or so little
more that it is nothing in a national point of
view. One dollar twenty-seven and a half cents
per acre is the average of all the sales for fifteen
years. The twenty millions of acres sold to
speculators in the year 1836, all went at one
dollar and twenty-five cents per acre. The
pre-emption then is not a bounty, but a sale, and <
a sale for fuU price, and, what is more, for solid
money ; for pre-emptioners pay with gold and
silver, and not with bank credits. Numerous
were the emigrants from (Germany, France, Ire-
land, and other countries, now in the West, and
especially in Missouri, and he (Mr. B.) had no
idea of imposing any legal disability upon them
in the acquisition of property. He wished them
all well. If any of them had settled upon the
public lands, so much the better. It was an
evidence of their intention to become citizens,
and their labor upon the soil would add to its
product and to the national wealth."
The motion of Mr. Merrick was rejected by
a majority of 13. The yeas were : Messrs.
Bayard, Clay of Kentucky, Clayton, Crittenden,
Davis, Knight, Merrick, Prentiss, Preston, Rives,
Bobbins, Smith, of Indiana, Southard, Spence,
Tallmadge, Tepton, 15. The nays were : Messrs.
Allen, Benton, Brown, Buchanan, Calhoun, Clay,
of Alabama, Cuthbert, Fulton, Grundy, Hub-
bard, King, Linn, Lumpkin, Lyon, Mautcm,
Nicholas, Niles, Nowell, Pierce, Roane, Robin-
son, Sevier, Walker, Webster, White, Williams,
Wright, Young, of Illinois, (28.) The bUl being
then put to the vote, was passed by a majority
of 14.
3. Taxation of public lands when sold.
When the United States first instituted their
land system, the sales were upon credit, at a
minimum price of two dollars, payable in four
equal annual payments, with a liability to revert
if there should be any failure in the payments.
During that time it was considered as publio
128
THIBT7 YEASff Vlifiw.
land, nor was the title passed until the patent
issoed — which might be a year longer. Five
jeara, therefore, was the period fixed, during
which the land so sold should be exempt from
taxation by the State in which it lay. This
continued to be the mode of sale, until the year
1821, when the credit was changed for the cash
system, and the minimum price reduced to one
dollar twenty-five cents per acre. The reason
for the fire years exemption from state taxation
had then ceased, but the compacts remaining
unaltered, the exemption continued. Repeated
applications were made to Congress to consent
to the modification of the compacts in that arti-
cle ; but always in vain. At this session the
application was renewed on the part of the new
States ; and with success in the Senate, where
the bill for that purpose passed nearly unani-
mously, the negatiTes being but four, to wit:
Messrs. Brown, Clay, of Kentucky, Clayton,
Southard. Being sent to the H. B. it remained
there without action till the end of the session.
CHAPTEB XXXI.
SPECIE BASIS FOB BANKS: ONE THIBD OF THE
AlfOUin" OF LIABILITIES THE LOWEST SAFE
PKOPOBTION: SPEECH OF ME. BENTON ON THE
BECHABTEE OF THE DISTBICTT BANES.
This is a point of great moment — one on which
the public mind has not been sufficiently
awakened in this country, though well under-
stood and duly valued in England. The char-
ters of banks in the United States are usually
drawn on this principle, that a certain propor-
tion of the capital, and sometimes the whole of
it, shall be paid up m gold or silver before the
charter shall take effect. This is the usual pro-
vision, without any obligation on the bank to
retain any part of this specie after it gets into
operation; and this provision has too often
proved to be illusory and deceptive. In many
cases, the banks have borrowed the requisite
amount for a day, and then returned it; in
many other cases, the proportion of specie,
though paid up in good faith, is immediately
lent out, or parted with. The result to the
public is about the same in both cases; the
hank has little or no specie, and its plaoe is
supplied by the notes of other banks. The
great vice of the banking system in the United
States is in banking upon p^)er — upon the
paper of each othei^-and treating this paper aa
cash. This may be safe among the banks them-
selves ; it may enable them to settle with one
another, and to liquidate reciprocal balances;
but to the public it is nothing. In the event
of a run upon a bank, or a general run upon all
banks, it is specie, and not paper, that is wanted.
It is spede, and not paper, which the pnblie
want, and must have.
The motion of the senator from Pennaylvania
[Mr. Buchanan] is intended to remedy this
vice in these District banks ; it is intended to
impose an obligatx>n on these banks to ke^ in
their vaults a quantum of specie beariag a cer-
tain proportion to the amount of their inune-
diate liabilities in circulation and dep06it& The
gentleman's motion is well intended, but it is
defective in two particulars : first, in requirii^
the proportion to be the one-fourth, instead of
the one-third, and next, m making it apply to
the private deposits only. The tme propor-
tion is one-third, and this to apply to all the
drculation and deposits, except those vrbkh axt
special This proportion has been fixed for a
hundred years at the Bank of England; and
just so often as that bank has iUlen below this
proportion, mischief has occuned. This is the
sworn opinion of the present Governor of the
Bank of Enghmd, and of the directors of that
institution. Before Lord Althorpe's committee
in 1832, Mr. Horsley Pahner, the Govem<»' of
the Bank, testified in these words :
"*The average proportion, as already ob-
served, of coin and bullion which the bank
thinks it prudent to keep on hand, is at the
rate of a &ird of the total amount of all her
liabilities, including deposits as well as issues.'
Mr. Geoi^ge Ward Norman, a director of the
bank, states the same thing in a different form
of words. He says : 'For a full state of the
circulation and the deposits^ say twenty-one
millions of notes and six millions of deposits,
makine in the whole twenty-seven millions or
liabilities, the proper sum in coin and bullion
for the bank to retain is nine millions.' Thus,
the average proportion oi one-third between the
specie on hand and the circulation and deposits,
must be considered as an established principle
at that bank, which is quite the lar^t, and
amongst the oldest — probably, the very oldest
bank of circulation in the world."
The Bank of Engknd is noc merely required
ANNO 1888. MARTIN VAN BUREN, FBiSIBENT.
129
to keep on huid, in bullion, the one-third of its
immediate liabililies ; it is boand also to let the
conntry see that it has, or has not, that propor-
tion on hand. By an act of the third year of
William lY., it is required to make quarteriy
poblications of the average of the weekly liabil-
ities of the bank, that the public may see when-
ever it descends below the point of safety.
Here is the last of these puUications, which is
a lull eaempliflcation of the role and the policy
which now gorems that bank :
Quarterly average of the weekly liabilities and
assets of the Bank of England, from the 12th
December, 1837, to the 6th of liarch, 1838,
both inclusive, published pursuant to the act
' 3 and William IT., cap. 98 :
' LUbUitl«&
I Circnlation, Jei8,600,000 Secarities,
Deponta, 11,536,000 BnllioD,
£22,792,900
10,015,000
£30,185,000
Londtm, Mardk 12.
£30,807,000
^ According to this statement, the Bank of
England is now safe ; and, accordingly, we see
that she is acting upon the principle of having
bullion enough, for she is shipping gold to the
United States.
The proportion in England is one-third. The
bank relies upon its debts and other resources
ibr the other two-thirds, in the event of a run
upon it This is the rule in that bank which
has more resources than any other bank in the
world; which is mtuated in the moneyed me-
tropolis of the world — the richest merchants its
debtors, Mends and customers — and the Gov-
ernment of England its debtor and backer, and
always ready to sustun it with exchequer bills,
and with every exertion of its credit and means.
Such a bank, so situated and so aided, still
deems it necessary to its safety to keep in hand
always the one-third in bulHon of the amount
of its immediate liabilities. Now, if the propor-
tion of one-third is necessary to the safety of
such a bank, with such resources, how is it pos-
sible for our banks, with their meagre resources
and small array of Mends, to be safe with a
less proportion 7
This is the rule at the Bank of England, and
just as often as it has been departed fix>m, the
danger of that departure has been proved. It
was departed from in 1797, when the proportion
sunk to the one-serenth ; and what wis the re-
sult? The stoppage of tho banks, and of all the
Vol. II._9
banks in En^and, and a suspension of specie
pajments for six-and-iwenty years! It waa
departed from again about a year ago, when tl»
proportion sunk to one-eighth nearly ; and what
was the result! A death struggle between the
paper systems of Eng^d and the United States^
in whidi our system was sacrificed to save hers.
Her system was sayed from exptosion ! but at
what cost ?— at viiiat cost to us, and to herself?
— ^to us a general stoppage of all the banks for
twelve months ; to the English, a general stag-
nation of business, decline of manuikctures, and
of commerce, much individual distress) and a
loss of two millions sterling of revenue to the
Grown. The proportion of one-third may then
be assumed as the point of safety in the Bank
of England ; less than that proportion cannot
be safe in the United States. Tet the senator
from Pennsylvania proposes less^-he proposes
the one-fourth ; and proposes it, not because he
feels it to be the right proportion, but from
some feeling of indulgence or forbearance to
this poor District Now, I think that this is a
case in whidb kind feelings can have no place^
and that the point in question is one upon which
there can be no compromise. A bank is a bank,
whether made in a district or a State; and a
bank ought to be safe, whether the stockholders
be rich or poor. Safety is the point aimed at,
and nothing unsafe should be tolerated. There
shoidd be no giving and taking below the pcHnt
of safety. Experienced men fix upon the one-
third as the safe proportion; we should not^
therefore, take a less pn^rtion. Would the
gentleman ask to let the water in the boiler of
a steamboat sink one inch lower, when the ex-
perienced captain informed him that it had
already sunk as low as it was safe to go? Cer-
tainly not So of these banks. One-third is
the point of safety; let ns not tamper with
danger by descending to the one-fourth.
When a bank stops payment^ the first thing
we see is an exposition of its means, and a de-
claration of ultimate ability to pay all its debts.
This is nothing to the holders of its notes. Im-
mediate ability is the only ability that is of any
avail to them. The fright of some, and the ne-
cessity of others, compel them to part with
their notes. Cool, sagacious capitalists can
look to ultimate ability, and buy up the notes
from the necessitous and the alarmed. To them
ultimate ability is sufficient ; to the community
130
TBSBTY YJLABB* YXKW.
it is nothing. It is, therefore, for the henefit of
the commumty that the haoks should be re-
quired to keep always on band the one-third of
their drcolation and deposits; they are then
trusted for two-thirds, ind this is carrying
credit far enough. If pressed by a run, it is as
much as a bank can do to make up the other
two- thirds out of the debts due to her. Three
to one is credit enough, and it is profit enough.
If a bank draws interest upon three dollars
when it has but one, this is eighteen per cent,
and ought to content her. A citizen cannot
lend his money for more than six per cent., and
cannot the banks be contented with eighteen ?
Must they insist upon issuing four dollars, or
even fiye, upon one, so as to draw twenty-four
or thirty per cent ; and thus, after paying their
officers vast salaries, and aooommodating friends
with loans on easy terms, still make enough
out of the business community to coyer ail ex-
penses and all losses : and then to diride lai^r
profits than can be made at any other busmess f
The issuing of currency is the prerogatiye of
soyereignty. The real soyereign in this coun-
try— ^the goyemmentr— can only issue a cur-
rency of the actual dollar: can only issue gold
and silyer^-and each piece worth its fiu». The
banks which haye the priyilege of issuing curren-
cy issue paper ; and not content with two more
dollars out for one that is, they go to five, ten,
twenty — ^failing of course on the first run ; and
the loss falling upon the holders of its notes —
and especially the holders of the small notes.
We now touch a point, said Mr. B., yital to
the safety of banking, and I hope it will neither
be passed oyer without decision, nor decided in
an erroneous manner. We had up the same
question two years ago, in the discussion of the
bill to regulate the keeping of the public moneys
by the local deposit banks. A senator from
Massachusetts (Mr. Wkbstkb) moyed the
question; he (Mr. B.) cordially concurred in
it^ and the proportion of OM-fourth was then
inserted. He {Mr. B.) had not seen at that
time the testimony of the goyemor and direc-
tors of the Bank of England, fixing on the one-
third as the proper proportion, and he presum-
ed that the senator firam Massachusetts (Mr.
W.) had not then seen it, as on another occasion
he quoted it with approbation, and stated it to
be the proportion obsenred at the Bank of the
United States. The proportion of one-fourth
was then inserted in the deposit Inll; it ^
erroneous proportion, but even that pitq)ortion
was not allowed to stand. After haying been
inserted in the bill, it was struck out; and it
was left to the discretion of the Secretary of the
Treasury to fix the proportion. To this I then
objected, and gaye my reasons for it. I was for
fixing the proportion, because I held it yital to
the EMifety of the deposit banks ; I was against
leaying it to the secretary, because it was a cast
in which the inflexible rule of law, and not the
yariable dictate of indiyidual discretion should
be exercised ; and because I was certain that no
secretary could be. relied upon to compel the
banks to toe the mark, when Congress itself had
flinched firom the task of making them do it
My objections were unayuling. The proportion
was struck out of the bill ; the discretion of the
secretary to fix it was substituted ; and that
discretion it was impossible to exercise with
any efiect oyer the banks. They were, that is
to say, many of them were, fiur beyond the
mark then ; and at the time of the issuing of
the Treasury order in July, 1836, there were
deposit banks, whose proportion of specie in
hand to their immediate liabilities was as ooa
to twenty, one to thirty, one to forty, and eyai
one to fifty ! The explosion of all such banks
was ineyitable. The issuing of the Treasniy
order improyed them a little : they b^an to inr
crease their specie, and to diminish their lia-
bilities ; but the gap was too wide — the chasm
was too yast to be filled : and at the touch of
pressure, all these banks foil like nine-pins!
They tumbled down in a heap, and lay there,
without the power of motion, or scarcely of
breathing. Such was the consequence of oar
error in omitting to fix the proper propordon
of specie in hand to the liabilities of our deposit
banks : let us ayoid thAt error in the bill now
before us.
CHAPTBE XXXII.
TBS NOBTH AND THE BOUTH : OOMPABATiyB
PBOflFEEITY: SOUTHBBN DIBOONTKNT: ITS
TBITB GAUSS.
To show the working of the federal goyemment
is the design of this View— show how things
are done under it and theur e£fect8 ; that the
AKNO 188a mabun yas buren, president.
131
good may be approyed and punned, the evil
oondemned and avoided, and the macfaine of
goremment be made to work equally for the
benefit of the whole Union, according to the
^80 and beneficent mtent of its founders. It
thus becomes neoessaiy to' show its working in
the two great Atlantic sections, originally sole
parties to the Union— the North and the South
— complained offer many years on one part as
unequal and oppressiye, and made so by a
course of federal legislation at yariance with the
objects of the confederation and contraiy to the
intent or the words of the constitution.
The writer of this View sympathised with
that complaint; belieyed it to be, to much ex-
tent, well founded ; saw with concern the cor-
roding effect it had on the feelings of patriotic
men of the South ; and often had to lament that
a sense of duty to his own constitaents required
him to give yotes which his judgment disaiq[Kroy-
ed and his feelings condemiMd. This complaint
existed when he came into the Senate; it had,
in &ct, commenced in the first years of the fede-
ral government) at the time of the assumption
of the State debts, the incorporaUon of the first
national bank, and the adoption of the funding
system; all of which drew capital fix>m the
South to the North. It continued to increase ;
and, at the period to which this chapter relates,
it luid reached the stage of an organised sec-
tional expression in a voluntary convention of
the Southern States. It had often been ex-
pressed in Congress, and in the State legist
latures, and habitually in the discussions of the
people ; but now it took the more serious form
of joint action, and exhibited the spectacle of a
part of the States assembling sectionally to
complain formally of the unequal, and to them,
iiyurioas operation of the common government,
established by common consent for the common
good, and now frustrating its object by depart-
ing from the purposes of its creation. The COO"
yention was called commercial, and properly, as
the grievance complained of was in its root
eommercia], and a commercial remedy was pro-
posed.
It met at Augnsta, Georgia, and afterwards
at Charleston, South Carolioa; and the evil
complained of and the remedy proposed were
strongly set forth in the proceedings of the
body, and in addresses to the people of the
Sonthem and Southwestern States. Thediaog*
ed relative condition of the two sections of the
country, before and siiioe the Union, was shown
in their general relative depression or prosperity
unoe that event, and especial^ in the reversed
condition of their respective foreign import
trade. In the colonial condition the compari-
son was wholly in favor of the South; under
the Union wholly against it Thus, in the year
1760— only sixteen years before the Declaration
of Independenoe— the foreign imports into Yir^
ginia were £850,000 sterling, and into South
Carolina £555,000; while into New York
they were only £189,000, into Pemisylvania
£490,000; and mto all the New Ei^land Ookh
nies collectively only £561,000.
These figures exhibit an immense superiority
of commercial prosperity on the side of the
South in its colonial state, sadly contrasting
with another set of figures exhibited by the
convention to show its relative condition with-
in a few years after the Union. Thus, in the
year 1821, the imports into New York had
risen to 923,000,000— being about seventy times
its colonial import at about an equal period be-
fore the adoption of the constitution ; and those
of South Carolina stood at $3,000,000— which,
for all practical purposes, may be considerBd the
same that they were in 176a
Such was the difference — ^the revaved condi-
tioDS— of the two sections, worked between
them in the brief space of two gmerations —
within the actual lifetime of some who had seen
their colonial conditions. The proceedings of
the convention did not stop there, but brought
down the comparison (under this commercial
aspect) to near the period of its own sitting— to
the actual period of the highest manifestation
of Southern discontent, in 1832— when it pro-
duced the enactment of the South Carolina nul-
lifying ordinance. At that time all the dispro-
portions between the foreign commerce <^ the
two sections had inordinately increased. The
New York imports (since 1821) had more than
doubled ; the Virginia had fellen off one-half;
South Carolma two-thirds. The actual figures
stood : New York fifty-seven millions <^ dol-
lars, Virginia half a ndlliott. South Candina one
million and a quarter.
This was a disheartening view, and rendered
more grievous by the certainty of its continua-
tion, the prospect of its aggravation, and the
oonviotion that the South (in its great stifles)
132
THIRTY YEARS* VIEW.
fiusished the basis for thaee imports ; of which
it received so small a share. To this loss of its
import trade, and its transfer to the North, the
oonTention attribated, as a primaiy cause, the
reversed conditions of the two sections — ^the
great advance of one in wealth and improve-
ments— the slow progress and even comparative
decline of the other ; and, with some allowance
for the operation of natural or inherent causes,
referred the effect to a course of federal Ic^gisla-
tion unwarranted by the grants of the consti-
tution and the objects of tlra Union, which sub-
tracted capital from one section and accumu-
lated it in the other : — ^protective tari£^ mtemal
improvements^ pensions^ national debt) two na-
tional banks, the funding system and the paper
system; the multiplication of offices, profuse
and extravagant, expenditure, the conversion of
a limited into an almost unlimited government ;
and the substitution of power and splendor for
what was intended to be a simple and economi-
cal administration of that part of their affiurs
which required a general head.
These were the points of complaint — abuses —
which had led to the collection of an enormous
revenue, chiefly levied on the products of one
section of the Union and mainly disbursed in
another. So far as northern advantages were
the result of Mr legislation for the accomplish-
ment of the objects of the Union, all discontent
or complaint was disclumed. All knew that
the superior advantages of the North for navi-
gation woidd give it the advantage in foreign
commerce ; but it wis not expected that these
&cilities would operate a monopoly on one side
and an extinction on the other ; nor was that
consequence allowed to be the effect of these
advantages alone, but was charged to a course
of legislation not warranted by the objects of
the Union, or the terms of the constitution,
which created it To this course of legislation
was attributed the aocomuhttion of capital in
the North, which had enabled that section to
monopolize the foreign commerce which was
Ibunded upon southern exports ; to cover one
part with wealth while the other was unpover^
ished ; and to make the South tributary to the
North, and suppliant to it for a small part of
the fruits of their own labor.
Unhappily there was some foundation for
this view of the case ; and in this lies the root
of the disconteiit of the South and its dlwatis-
fiMstion with the Union, although it may bnik
out upon another point It is in this belief of
an incompatibility of interest, from the penert-
ed working of the federal government, that lies
the root of southern discontent^ and whkji
constitutes the danger to the Union, and which
statesmen should confhmt and grapple vrith;
and not in any danger to slave proptfty, which
has continued to aggrandijEe in value dming the
whole period of the cry of danger, and is dow
of greater price than ever was known beibre;
and such as our ancestors would have deemed
&bulous. The sagacious Mr. Madison kcev
this— knew where the danger to the Union lay,
when, in the 86th year of his age, and the last
of his life, and under the anguish of painfol mis-
givings, he wrote (what is more fully set out in
the previous volume of this work) these po^
teutons words :
" 7%€ visible susceptibility to the contagion
of mUlification in the Southern States, the
sympathy arising from known causes, and
the inculcated imjjressum of a permanent in-
compatibility of interest Between the North
and the South, may put it in the power of
popular leaders, aspiring to the highest sta-
tions, to unite the jSouth, on some critical oo-
casion^ in some course of action of which nui-
lification may be the first step, secession the
second, and a farewell separation the lastJ^
So viewed the evil, and in his last days, the
great, surviving founder of the Union— seeing,
as he did, in this inculcated impression of a pe^
manent incompatibility of interest between the
two sections, the fulcrum or point of support,
on which disunion could rest its lever, and ptf*
ricidal hands build its schemes. What btf
been published in the South and adverted to in
this View goes to show that an incompatibih^
of interest between the two sections, thoqgb
not inherent, has been produced by the work-
ing of the government— not its fair and le-
gitimate, but its perverted and unequal word-
ing.
This is the evil which statesmen should see
and provide against Separation is no remedy ;
exclusion of Northern vessels fix)m Southem
ports is no remedy ; but is disunion itself-^
and upon the very point which caused 0^
Union to be formed. Regulation of conuner'*
between the States, and with foreign nation^
was the cause of the formation of the UQion*
Break that regulation, and the Union is brokeDi
ANNO 1888. MARTIN VAX BUREN. PRESIDENT.
133
mod the broken parts conTerted into antagonist
nations, with causes enough of dissension to
engender perpetual wars, and inflame incessant
animosities.. The remedy lies in the rig^t
Tiroridng of the constitution ^ in the cessation
of unequal legislation ; in the redaction of the
inordinate expenses of the garemment; in its
return to the simple, limited, and economical
machine it was intended to be ; and in the revi*
Tal of fraternal feelings, and respect for each
other's rights and just complaints; which would
return of themselyes when the real cause of dis-
content was removed.
The conyentions of Augusta and Charleston
proposed their remedy for the Southern depres-
sion, and the comparative decay of which they
complained. It was a fair and patriotic reme-
dy—that of beooming theb own exporters, and
opening a direct trade in their own staples be-
tween Southern and foreign ports. It was re-
commended—attempted— Jbiled. Superior ad-
vantages for navigation in the North — greater
aptitude of its people for oommeroe— established
course of business — accumulated capital — con-
tinued unequal legislation in Oongress ; and in-
creasing expenditures of the government, chief-
ly disbursed in the North, and defect of seamen
in the South (for mariners cannot be made of
slaves), all combined to retain the foreign trade
in the channel which had absorbed it; and to
increase it there with the increasing wealth
and population of the country, and the still
faster increasing extravagance and profusion
of the government. And now, at this period
(1855)3 the foreign imports at New York are
$^195,000,000 ; at Boston $58,000,000 ; in Yii^
ginia 91,250,000; in South Carol'ma $1,750,000.
This is what the dry and naked figures show.
To the memory and imagination it is worse;
for it is a tradition of the Colonies that the
South had been the seat of wealth and happi-
ness, of power and opulence ; that a rich popu-
lation covered the land, dispensing a baronial
hospitality, and diffusing the felicity which
themselves enjoyed ; that all was life, and joy,
and affluence then. And this tradition was not
without similitude to the reality, as this writer
can testify ; for be was old enough to have seen
(after the Revolution) the still surviving state
of Southern colonial manners, when no travel-
ler was allowed to go to a tavern, but was
handed over from fiunily to fiunily through en-
tire States ; when holidays were days of festivi-
ty and expectation, long prepared for, and cele-
brated by master and slave with music and
feasting, and great concourse of friends and rela-
tives ; when gold was kept in desks or chests
(after the down&ll of continental paper) and
weighed in scales, and lent to neighbors for
short terms without note, interest, witness, or
security; and on bond and land security for
long years and lawful usance : and when petty
litigation was at so low an ebb that it required
a fine of forty pounds of tobacco to make a man
serve as constable.
The reverse of all this was now seen and felt,
— ^not to the whole extent which fiuacy or policy
painted — ^but to extent enough to constitute a
reverse, and to make a contrast, and to excite
the regrets which the memory of past joys never
fails to awaken. A real change had come, and
this change, the efiect of many causes, was wholly
attributed to one — ^the 'unequal working of tin
Federal Government — ^whidi g»ve all the bene-
fits of the Union to the North, and all its bur*
dens to the South. And that was the point on
which Southern discontent broke out — on which
it openly rested until 1835 ; when it was shifted
to the danger of slave property.
Separation is no remedy for these evils, but
the parent of &r greater than either just discon-
tent or restless ambition would fly from. To
the South the Union is a political blessing ; to
the North it is both a political and a pecuniary
blessing ; to both it should be a social blessing.
Both sections should cherish it, and the North
most The story of the boy that killed the
goose that laid the golden egg every day, that
he might get all the eggs at once, was a Able;
but the Northern man who could promote sepa-
ration by any course of wrong to the South
would convert that &ble into history — his own
history — and commit a folly, in a mere profit
and loss point of view, of which there is no pre-
cedent except in &ble.
134
THIRTY TEAKS' VIEW.
OHAPTBB XXXIII.
PBOGBE88 OF THB 8IAYEBY AGITATION: BOS.
CALHOUN'S APPBOYAL OF THE MI8S0UBI GOM-
PBOMISB.
This portentotis agitfttion, destined to act so
seriously on the harmony, and possibly on the
stability of the Union, requires to be noted in
its different stages, that responsibility may fol-
low culpability, and the judgment of history fall
where it is due, if a deplorable calamity is made
to come out of it In this point of yiew the
movements for and against slavery in the session
of 1837-'38 deserve to be noted, as of disturbing
effect at the time ; and as having acquired new
importance from subsequent events. Early in
the session a memorial was presented in the
Senate from the General Assembly of Vermont,
remonstrating against the annexation of Texas
to the United States, and praying for the aboli-
tion of slavery in the District of Columbia-
followed by many petitions from citizens and
societies in the Northern States to the same
effect ; and, further, for the abolition of slavery
in the Territories— for the abolition of the slave
trade between the States — and for the exclusion
of future slave States from the Union.
There wis but little in the state of the ooun-
tiy at that time to excite an anti-slavery feel-
ing, or to excuse these disturbing applications
to Congress. There was no slave territory at
that time but that of Florida; and to ask to
abolish slavery there, where it had existed from
the discovery of the continent, or to make its
continuance a cause for the rejection of the State
when ready for admission into the Union, and
thus form a f^ State in the rear of all the great
slave States, was equivalent to praying for a dis-
solution of the Union. Texas, if annexed, would
be south of 36° 30^, and its character, in relation
to slavery, would be fixed by the Missouri com-
promise line of 1820. The slave trade between
the States was an affair of the States, with which
Congress had nothing to do ; and the oontinu-
aooe of slavery in the District of Columbia, so
long as it existed in the a^aoent States of Vir-
ginia and Maryland, was a point of policy in
which every Congress, and every administra-
tion, had concurred from the formation of the
I^uion ; and in which there was never a mm
decided concurrence than at present
The petitioners did not live in any Territory,
State, or district subject to slavery. Thej felt
none of the evils of wluch they compliined—
were answerable for none of the supposed sin
which they denounced — were living under %
general government which acknowledged prop-
erty in slaves — and had no right to distarb the
rights of the owner : and they oommitted a
cruelty upon the slave by the additional rigors
which their pernicious interference brought
upon him.
The subject of the petitions was disagreeable
in itself; the language in which they were
couched was offensive ; and the wantonness of
their presentation aggravated a proceeding sufB-
dently provoking in the dvilest form in which
it could be conducted. Many petitions were in
the same words, bearing internal evidence of
concert among their signers ; many were signed
by women, whose proper sphere was hi from
the field of legislation ; all united in a common
purpose, which bespoke community of origm,
and the superintendence of a general directioB.
Every presentation gave rise to a question vA
debate, in which sentiments and feelings were
expressed and consequences predicted, which it
was painful to hear. While almost every seui-
tor condemned these petitions, and the spirit in
which they originated, and the language in whid)
they were couched, and considered them u
tending to no practical object^ and only ctkor
lated to make dissension and irritation, there
were others who took them in a graver sense.
and considered them as leading to the inevitable
separation of the States. In this sense Mr.
Calhoun said :
''He had foreseen what this subject would
come to. He knew its origin, and that it lay
deeper than was supposed. It ^w out of &
spirit of fimaticism which was daily increasiog;
and, if not met in limine, would by and by disr
solve this Union. It was particularly our duty
to keep the matter out of the Senate — out of the
halls of the National Legislature. These fiuiatics
were interfering with what they had no right
Grant the reception of these petition& and jou
will next be aslced to act on them. He was for
no conciliatory course, no temporizing ; instead
of yielding one inch, he would rise in opposition ;
and he hoped every man from the South would
stand by him to put down this growing evil
There was but one question that would ever
destroy this Union, and that was involved in
ANNO 188a MABTIN VAN BUREN, PBESIBESTT.
135
this principle. Te0| this was potent enough
for it, and must be early arrested if the Union
was to be preserred. A man must see little
into what is going on if he did not peroeiye that
this spirit was growing, and that the rising
generation was becomii^ more strongly imbned
with it. It was not to be stopped by reports
on paper, but by action, and very decided ac-
tion."
The question which oocained the Senate was
as to the most judicious mode of treatmg these
memorials^ with a yiew to prevent their evil
effects: and that was entirely a question of
policy, on which senators disagreed who con-
curred in the main object Some deemed it
most advisable to receive and consider the pe-
titions— ^to refer them to a committee— and
sulject them to the adverse report which
they would be sure to receive ; as had been
done with the Quakers' petitions at the be-
ginning of the government Others deemed
it preferable to refuse to receive them. The
objection urged to this latter course was, that
it would mix up a new question with the
slavery agitation which would enlist the sym-
pathies of many who did not co-operate with
the Abolitionists — the question of the right of
petition ; and that this new question, mixing
with the other, might swell the number of pe-
titioners, keep up the applications to Congress,
and perpetuate an agitation which would other-
wise soon die out Mr. Glat, and many others
iwere of this opinion; Mr. Calhoun and his
friends thought otherwise ; and the result was,
bo far as it concerned the petitions of individuals
and societies, what it had previously been — a
balf-way measure between reception and rejec-
tion— ^a motion to lay the question of reception
on the table. This motion, precluding all dis-
cussion, got rid of the petitions quietly, and
kept debate out of the Senate. In the case
of the memorial from the State of Vermont,
the proceeding was slightly different in form,
but the same in substance. As the act of a
State, the memorial was received; but after
reception was laid on the table. Thus all the
memorials and petitions were disposed of by
the Senate in a way to accomplish the two-fold
object, first, of avoiding discussion ; and, next^
condemning the object of the petitioners. It
was accomplishing all that the South asked;
and if the subject had rested at that point, there
would have been nothing in the history of this
session, on the slavery agitation, to distinguish
it fh>m other sessions about that period : but
the subject was revived ; and in a way to force
discussion, and to constitute a point for the re-
trospect of history.
Every memorial and petition had been die*
posed of according to the wishes of the senator*
from the slaveholding States; but Mr. Calhoun
deemed it due to those States to go fhrther, a)id
to obtain fixnn the Senate declarations which
should cover all the questions of federal power
over the institution of slavery : although he
had just said that paper reports would do
no good. For that purpose, he submitted a
series of resolves — six in number — ^which de-
rive their importance from their eomparison,
or rather contrast, with others on the same
subject presented by him in the Senate ten
years later; and which have given birth to
doctrines and proceedings which have greatly
disturbed the harmony of the Union, and pal-
pably endangered its stabilily. The six reso-
hitions of this period ('37-'38) undertook to
define the whole extent of the power dele-
gated by the States to the federal government
on the subject of slavery ; to specify the acts
which would exceed that power ; and to show
the consequences of doing any thing not author-
ized to be done — always ending in a dissolution
of the Union. The first four of these related
to the States ; about whidi, there being no dis-
pute, there was no debate. The sixth, without
naming Texas, was prospective, and looked fiir-
ward to a case which might include her annexar
tion; and was laid upon the table to make way
for an express resolution fh>m Mr. Preston on
the same subject The fifth related to the ter-
ritories, and to the District of Columbia^ and
was the only one which excited attention, or bos
left a surviving interest It was in these words:
^^ Resolved^ That the intermeddling of anr
State, or States, or their citizens, to aboUsh
slavery in this District, or any of the territo-
ries, on the ground or under the pretext that it
is immoral or sinful, or the passage of any act
or measure of Congress with that view, would
be a direct and dangerous attack on the institu-
tions of all the slaveholding States."
The dogma of ''no power in Congress to
legislate upon the existence of slavery in terri-
tories" had not been invented at that time;
and, of course, was not asserted ia this resolve,
136
THIRTY TEABS' VIEW.
intended by its aathor to define the extant of
the federal legisUtiye power on the subject.
The resolve went npon the existence of the
power, and deprecated its abuse. It put the
District of Columbia and the territories into
the same category, both for the exercise of the
power and the consequences to result from the
intermeddling of States or citizens, or the pas-
sage of any act of Congress to abolish slarexy
in either ; and this was admitting the power in
the territory, as in the District ; where it is an
express grant in the grant of all legislatiye
power. The intermeddling and the legislation
were deprecated in both solely on the ground of
inexpediency. Mr. Clay believed this inexpe-
diency to rest upon different grounds in the Dis-
trict and in the territory of Florida — ^tfae only
territory in which slavery then existed, and to
which Mr. Calhoun's resolution could apply. He
was as much opposed as any one to the abolition
of slavery in either of these places, but believed
that a different reason should be given for eadi,
founded in their respective circumstances ; and,
therefore, submitted an amendment, consisting
of two resolutions— one applicable to the Dis-
trict) the other to the territory. In stating
the reasons why slavery should not be abol-
ished in Florida, he quoted the Missouri com-
promise lino of 1820. This was objected to by
other senators, on the ground that that line did
not apply to Florida^ and that her case was com-
plete without it Of that opinion was the Sen-
ate, and the clause was struck out. This gave
Mr. Calhoun occasion to speak of that com-
promise, and of his own course in relation to it;
in the course of which he declared himself to
have been &vorable to that memorable measure
at the time it was adopted, but opposed to it
now, from having experienced its ill effects in
encouraging the spirit of abolitionism :
" He vras glad that the portion of the amend-
ment which referred to the Missouri compromise
had been struck out He was not a member of
Congress when that compromise was made, but
it is due to candor to state that his impressions
were in its &vor •, but it is equally due to it to
%that, with his present experience and knowl-
» of the spirit which then, for the fint time,
began to disdose itself, he had entirely changed
his opinion. He now believed that it was a
dan^rous measure, and that it has done much
to rouse into action the present spirit Had it
then been met with uncompromising opposition,
such as a then distinguished and sagacious
member from Virginia [Mr. Randolph], now
no more, opposed to it, abolition might haye
been crushed for ever in its birth. He then
thought of Mr. Randolph as, he doubts not,
many think of him now who have not My
looked into this subject, that he was too im-
vielding — too uncompromising^ — too impractica-
ble ; but he had been taoght his error, and took
pleasure in acknowledging it''
This declaration is explicit It is made in a
spirit of candor, and as due to justice. It is »
declaration spontaneously made, not an admisp
sion obtained on interrogatories. It sbowB
that Mr. Calhoun was in favor of the compro-
mise at the time it vras adopted, and had since
changed his opinions — "entirely changed " them,
to use his own words — ^not on constitutional,
but expedient grounds. He had changed apoD
experience, and upon seeing the dangerous effects
of the measure. He had been taught his error,
and took pleasure in acknowledging it He
blamed Mr. Randolph then for having been too
uncompromising; but now thought him saga-
cious; and believed that if the measure had
met with uncompromising opposition at the
time, it would have crushed for ever the spirit
of abolitionism. All these are reasons of exp^
diency, derived from after-experience, and ex-
cludes the idea of any constitutional objectJoO'
The establishment of the Missouri compromi*
line was the highest possible exercise of legis-
lative authority over the subject of slavery in a
territory. It abolished it where it legally ex-
isted. It for ever forbid it where it had legally
existed for one hundred years. Mr. Bandolph
was the great opponent of the compromise. H«
gave its friends all their trouble. It was thco
he applied the phrase, so annoying and destroo-
tive to its northern supporters — " dough ftce,
— a phrase which did them more harm than
the best-reasoned speech. All the friends rf
the compromise blamed his impracticable op-
position ; and Mr. Calhoun, in joining in that
blame, placed himself in the ranks of the co^
dial friends of the measure. This abolition
and prohibition extended over an area IwgP
enough to make a dozen States ; and of ^i
this Mr. Calhoun had been in favor ; snd now
had nothing but reasons of expediency, »^
they ea: post factOy against it His expressf^
belief now was, that the measure was dangeroi^
— he does not say unconstitutional, but danger
ous — and this corresponds with the terms of o^
ANNO 1S8& MAmiN VAN BUBEN, PRESIDENT.
137
n0olut]0n then sabmitted; which makes the
intermeddling to abolish Blaverj in the District
or territories, or any act or measure of Congress
to that efiect, a '^ dangerous" attad^ on the in-
stitutions of the slayeholding States. Certainly
the idea of the unconstitutionality of such legis-
lation had not then entered his head. The sub-
stitute resolTC of Mr. Clay differed from that
of Mr. Calhoun, in changing the word ^ inter*
meddling" to that of ^ inteiferenoe ;" and con-
fining that word to the conduct of citizens, and
making the abolition or attempted abolition of
I slavery in the District an injury to its own in-
habitants as* well as to the States ; and placing
its protection under the fiuth implied in accept-
, ing its cession from Maryland and Virginia. It
was in these words :
I ^ That the interference by the citizens of any
F of the States, with the yiew to the abolition of
slavery m this District, is endangering the rights
and security of the people of t& District; and
* that any act or measure of Congress, designed
> to abolish slavery in this District, would be a
I Tiolation of the faith implied in the cessions by
, the States of Virginia and Maryland — a just
cause of alarm to the people of the slaveholding
' States — and have a direct and inevitable ten-
dency to disturb and endanger the Union."
The vote on the final adoption of the resolu-
tion was :
"Teas — Messrs. Allen, Bayard, Benton,
Black, Brown, Buchanan. Calhoun, Clay, of
Alabama, Cly, of Kentucky, Thomas Clayton,
Crittenden, Cuthbert, Fulton, Grundy, Hub-
bard, King, Lumpkin, Lyon, Nicholas, Niles,
Norvell, Franklin Pierce, Preston, Rives, Roane,
Robinson, Sevier, Smith, of ConnecticutStrange,
Tallmad^ Tipton, Walker, White, Williams,
Wright, Young.
"Nats — Messrs. Davis, Knight, McKean,
Morris, Prentiss, Smith, of Indiana, Swift, Web-
Btcr.^'
The second resolution of Mr. Clay applied to
slavery in a territory where it existed, and de-
precated any attempt to abolish it in such ter^
ritory, as alarming to the slave States, and as
violation of &ith towards its inhabitants, unless
they asked it ; and in derogation of its right to
decide the question of slavery for itself when
erected into a State. This resolution was in-
tended to cover the case of Florida, and ran
thus:
" Resolved^ That any attempt of Congress to
abolish slavery in any territory of tbe United
States in whidi it exists would create serious
alarm and jnst i^pprehension in the States sus-
taining that domestic institution, and would be
a violation of good &ith towards the inhabitants
of any such territory who have been permitted
to settle with, and hold, slaves therein ; because
the people dT any such territory have not asked
for the abolition of slavery therein ; and because,
when any such territory shall be admitted into
the Union as a State, the people thereof shall
be entitled to decide that question exclusively
for themselves."
And the vote upon it was —
^^Tbas — Messrs. Allen, Bayard, Benton,
Black, Brown, Buchanan, Calhoun, Clay, of
Alabama, Clay, of Kentucky, Crittenden, Cuth-
bert, Fulton, (irundy, Hubbard. King, Lump-
kin, Lyon, Merrick, Nichohis, Niles, Norvell,
Franklin Pierce, Preston, Rives, Roane, Robin*
son, Sevier, Smith, of Connecticut Strange.
Tipton, WaJker, T\ hite, Williams, Wright, and
Young.
"Nays — Messrs. Thomas Clayton, Davi&
Knight, McKean, Prentiss, Robbxns, Smith, of
Indiana, Swift, and Webster."
The few senators who voted against both
resolutions chiefly did so for reasons wholly uxf-
connected with their merits; some because
opposed to any declarations on the subject, as
abstract and inoperative; others because they
dissented from the reasons expressed, and pre-
ferred others : and the senators from Delaware
(a slave State) because they had a nullification
odor about them, as first introduced. Mr.
Calhoun voted for both, not in preference to his
own, but as agreeing to them after they had
been preferred by the Senate; and so gave his
recorded assent to the doctrines they contain-
ed. Both admit the constitutional power of
Congress over the existence of slavery both in
the district and the territories, but deprecate its
abolition where it existed for reasons of high ex-
pediency : and in this view it is believed nearly
the entire Senate concurred ; and quite the en-
tire Senate on the constitutional point — ^there
being no reference to that point in any part of
the debates. Mr. Webster probably spoke the
sentiments of most of those voting with him, as
well as his own, when he said :
" K the resolutions set forth that all domestic
institutions, except so &r as the constitution
might interfere, and any intermeddling there-
with by a State or individual, was contrary to
the spirit of the confederacy, and was thereby
illegal and unjust, he would give them his hearty
and cheerful support; and would do so still u
138
TBOBTY YEABff YiJSW.
the senator from South Carolina would consent
to such an amen^nent; but in their pree^it
form he must giye his TOte against them."
The general feeling of the Senate was that of
entire repugnance to the whole moyement — that
of the petitions and memorials on the one hand,
and Mr. Calhoun's resolutions on the other.
The former were quietly got rid of, and in a way
to rebuke, as well as to condenmtiieir presenta-
tion ; that is to say, by motions (sustained by the
body) to lay them on the table. The resolutions
could not so easily be disposed o^ especially
as their mover earnestly demanded discussion,
spoke at large, and often, himself; " and desired
to make the question, on their rejection or adop-
tion, a test question." They were abstract, lead-
ing to no result, made discussion where silence
was desirable, frustrated the design of the Sen-
ate in refusing to discuss the abolition petitions,
gave them an importance to which they were
not entitled, promoted agitation, embarrassed
friendly senators from the North, placed some
in &lse positions ; and brought animadversions
from many. Thus, Mr. Buchanan :
^ I cannot believe that the senator from South
Carolina has taken the best course to attain
these results (quieting a^t&tion). This is the
great centre of agitation ; from this capital it
spreads over the whole Union. I therefore de-
precate a protracted discussion of the question
here. It can do uo good, but may do much
harm, both in the North and in the South. The
senators from Delaware, although representing
a slaveholding State, have voted against these
resolutions l^cause, in their opinion^ they can
detect in them the poison of nullification. Now,
I can see no such thing in them^ and am ready
to avow in the main they contam nothing but
correct political principles, to which I am de-
voted. JBut what then 1 These senators are
placed in a fiUse position, and are compelled to
vote against resolutions the object of which they
heartily approve. Again, my friend, the senator
from New Jersey (Mr. Wall), votes against
them because they are political abstractions of
which he thinks the Senate ought not to take
cognizance, although he is as much opposed to
abolition, and as willing to maintain the consti-
tutional rights of the South as any senator upon
this floor. Other senators believe the right of
petition has been endangered; and until that
nas becm established they will not vote for any
resolutions on the sul^ect Thus we stand:
and those of us in the North who must sustain
the brunt of the battle are forced into false posi-
tions. Abolition thus acquires force by bring-
ing to its aid the right of petition, and the
hMtility which exists at the North against the
doctrines of nullification. It is in vain to say-
that these principles are not really involved in
the question. This may be, and in my opinion
is, true ; but why, by our conduct here, should
we afford the abolitionists such plausible pre-
texts? The fact is, and it cannot be disguised,
that those of us in the Northern States who have
determined to sustain the rights of the slave
States at every hazard are placed in a most em-
barrassing situation. We are almost literally
between two fires. Whilst in front we are
assailed by the aboliticmists, our own friends in
the South are constantly driving us into posi-
tions where their enemies and our enemies may
gain important advantages."
And thus Mr. Crittaiden :
^ If the object of these resolutions was to pro-
duce peace, and allay excitement it appeared to
him that tney were not very likely to aocom-
plish such a purpose. More vague and general
abstractions could hardly have been brought
forward, and they were more calculated to pro-
duce agitation and stir up discontent and bad
blood than to do any good whatever. Such be
knew was the geneitd opinion of Southern men.
few of whom, however they assented to the ab^
stractions, approved of this method of agitating
the subject. The mover of these resolutions
relies nudnly on two points to carry the Senate
with him ; first, he reiterates the cry of danger
to the Union ; and, next, that if he is not fol-
lowed in this movement he urges the inevitable
consequence of the destruction of the Union- It
is possible the gentleman may be mistaken. It
possibly might not be exactly true that, to sav«
the Union, it was necessary to follow him. On
the contrary, some were of opinion, and he fat
one was much inclined to be of the same view,
that to follow the distinguished mover dt th^se
resolutions — to pursue the course of irritation,
agitation, and intimidation which he chalked
out — ^would be the very best and surest method
that could be chalked out to destroy this great
and happy Union."
And thus Mr. Clay :
^ The series of resolutions under oon8iderati(m
has been introduced by the senator from South
Carolina, after he and other senators from iIm
South had deprecated discussion on the delicate
subject to which they relate. They have occa-
sioned much discussion, in which hitherto I
have not participated. I hope that the tenden-
cy of the resolutions may be to allay the ex-
citement which unhappily prevails in respect to
the abolition of slavery; but I confess that,
taken altogether, and in connection with other
circumstances^ and especially considering the
manner in which their author has pressed them
on the Senate, I fear that they will have the
opposite effect ; and particularly at the North;
that they may increase and exasperate instead
ANNO 1888. MARTIN VAN BUBEN, PRESIDENT.
189
ofdimmiBhing and aaraa^ng the eziating agita-
tion."
And thuB Mr. Preston, of Soath Oarolina :
''His objectionB to the introduction of the
resoltttionB were that they allowed ground for
discussion ; and that the subject ought never to
be allowed to enter the halls of the legislative
assembly, was always to be taken for granted
"by the South ; and what would abstract propo-
sitions of this nature effect ? "
And thus Mr. Strange, of North Oarolina :
^ What did they set forth but abstract prin-
ciples, to which the South had again and agun
certified ? What bulwark of defence was need-
ed stronger than the constitution itself ? Every
movement on the part of the South only g]#e
additional strength to her opponents. The
wisest, nay, the only safe, course was to remain
quiet, though prepared at the same time to re-
sist all aggression. Questions like this only
tended to excite angry feelings. The senator
fW>m South Carolina (Mr. Calhoun) charged
him with ^ preaching^ to one side. Perhaps
he had sermonized too Ions for the patience of
the Senate i but then he had preached to all
sides. It was the agitation of the question in
any form, or shape, visi rendered it dangerous.
Agitating this question in any shape was ruinous
to the South."
And thus Mr. Richard H. Bayard, of Dela-
"ware:
^ Though he denounced the spirit of abolition
SIS dangerous and wicked in the extreme, vet he
did not feel himself authorised to vote for the
resolutions. If the doctrines contained in them
-were correct, then nullification was correct ;
and if passed might hereafter be appealed to as
a precedent in favor of that doctrine ; though he
acquitted the senator [Mr. Calhoun] of having
the most remote intention of smugghng in any
thing in relation to that doctrine under cover
of these resolutions."
Mr. Calhoun, annoyed by so much condem-
nation of his course, and especially from those
as determined as himself to protect the slave
institution where it legally existed, spoke often
and warmly ; and justified his course from the
greatness of the danger, and the fiital conse-
quences to the Union if it was not arrested.
'^1 fear (said Mr. C.) that the Senate has not
•elevated its vidw sufiBoently to comprehend the
extent and magnitude of the existing danger.
It was perhaps his misfortune to look too much
to the future^ and to move against dangers at
too great a distance, which had involved nim in
many difficulties and exposed him often to the
imputation of unworthy motives. Thus ho had
lon^ Ibreseen the immense surplus revenue
which a false system of legislation must pour
into the Treasury, and the &tal consequences
to the morals and institutions of the country
which must follow When nothing else could
arrest it he threw himself with his State, into
the breach, to amst dangers which could not
otherwise oe arrested ; whether wisely or not
he left posterity to judge. He now saw with
equal clearness — as dear as the noondav sun
— ^the fatal consequences which must follow
if the present disease be not timely arrested.
He would repeat again what he had so often
said on this floor. This was the only ques-
tion of sufficient magnitude and potency to
divide this Union ; and divide it it would, or
drench the oountiy in blood, if not arrested.
He knew how much the sentiment he had ut^
tered would be misconstrued and misrepre-
sented. There were those who saw no dan-
ger to the Union in the violation of all its
ftmdamental principles, but who were full of
apprehension when danger was foretold or re-
sisted, and who held not the authors of the
danger, but those who forewarned or opposed
it, responsible for consequences."
"But the cry of disunion by the weak or
designing had no terror for him. If his attach-
ment to the Union was less, he might tamper
with the deep disease whicn now afflicts the
body politic, and keep silent till the patient was
ready to sink under its mortal blows. It is a
cheap, and he must say but too certun a mode
of aoquirmg the character of devoted attachment
to the Union. But, seeing the danger as he
did, he would be a traitor to the Union and
those he represented to keep silence. The as-
saults daQy made on the institutions of nearly
one half of the States of this Union by the
other — institutions interwoven from the begin-
ning with their political and social existence,
and which cannot be other than that without
thoir inevitable destruction — will and must, if
continued, make two people of one by destroy-
ing every sympathy between the two great sec-
tions— obliterating from their hearts the recol-
lection of their common danger and glory — and
implanting in their place a mutual hatred, more
deadly than ever existed between two neighbor-
ing people since the commencement of the hu-
man race. He feared not the circulation of the
thousands of incendiary and slanderous publi-
cations which were daily issued from an organ-
ized and powerful press among those intended
to be vilined. They cannot penetrate our sec-
tion ; that was not the danger ; it lay in a dif-
ferent direction. Their circulation in the non-
slaveholding States was what was to be dread-
ed. It was infusing a deadly poison into the
minds of the rising generation, implanting in
them feelings of hatred, the most deadly ha-
tred, instead of affection and love, for one half
of this Union, to be returned, on their part,
with equal detestation. The utal, the immu-
140
THIRTY YEARS' VIEW.
table oonsequences, if not arrested, and that
without delay, were such as he had presented.
The first and desirable object is to arrest it
in the non-slaveholding States; to meet the
disease where it originated and where it exists ;
and the first step to this is to find some com-
mon constitutional ground on which a rally,
with that object, can be made« These resolu-
tions present the ground, and the only one, on
which it can be imtde. The only remedy is in
the State rights doctrines ; and if those who
profess them in slayeholding States do not rally
on them as their political creed, and organiise as
a party against the fanatics in order to put them
down, the South and West will be compelled to
take the remedy into their own hands. They
will then stand justified in the sight of God and
man; and what in that event will follow no
mortal can anticipate. Mr. President (said Mr.
C), we are reposing on a yolcano. The Senate
seems entirely ignorant of the state of feeling
in the South. The mail has just brought us in-
telligence of a most important step taken by
one of the Southern States in connection with
this subject, which will giro some conception
of the tone of feeling which begins to prevail in
that quarter."
It was such speaking as this that induced
some votes against the resolutions. All the
senators were dissatisfied at the constant exhi-
bition of the same semedy (disunion), for all
the diseases of the body politic ; but the greater
part deemed it right, if they voted at all, to vote
their real sentiments. Many were disposed to
lay the resolutions on the table, as the disturb-
ing petitions had been ; but it was concluded
that policy made it preferable to vote upon
thenL
Mr. Benton did not speak in this debate.
He believed, as others did, that discussion was
injurious ; that it was the way to keep up and
extend agitation, and the thing above all others
which the abolitionists desired. Discussion
upon the floor of the American Senate was to
them the concession of an immense advantage —
the concession of an elevated and commanding
theatre for the display aild dissemination of
their doctrines. It gave them the point to
stand upon from which they could reach every
part of the Union ; and it gave them the Reg-
xiter of the Debates^ instead of their local pa-
pers, for their organ of communication. Mr.
Calhoun was a fortunate customer for them.
The Senate, in laying all their petitions and
the memorial of Vermont on the table with-
out debate, signified its desire to yield them no
such advantage. The introduction of Mr. Cal-
houn's resolution frustrated that desire, and in-
duced many to do what they condemned. Mr.
Benton took his own sense of the proper coarse,
in abstaining from debate, and confining the ex-
pression of his opinions to the delivery of rotes:
and in that he conformed to the sense of the
Senate, and the action of the House of Represen-
tatives. Many hundreds of these petitions were
presented in the House, and quietly laid upon
the table (after a stormy scene, and the adoption
of a new rule), under motions to that effeot ; tnd
this would have been the case in the Senste, hid
it not been for the resolutions, the introdactiaa
of which was so generally deprecated.
The part of this debate which excited no at-
tention at the time, but has since acquired i
momentous importance, is that part in wbkli
Mr. Calhoun declared his faTorable dispoeition
to the Missouri compromise, and his condemia-
tion of Mr. Randolph (its chief opponent), ^
opposing it ; and his change of opinion since.
not for unconstitutionality, but because he be-
lieved it to have become dangerous in encoQ^
aging the spirit of abolitionism. This comprO'
mise was the highest, the most solemn, the mo^
momentous, the most emphatic assertion d
Congressional power over slavery in a territory
which had ever been made, or could be con-
ceived. It not only abolished slavery where it
legally existed ; but for ever prohibited it whew
it had long existed, and that over an extent!^
territory larger than the area of all the AtI»D-
tic slave States put together: and thus yieUiu?
to the free States the absolute predominance io
the Union.
Mr. Calhoun was for that resolution in 1^^
— ^blamed those who opposed it ; and could s*
no objection to it in 1838 but the encoDrtge-
ment it gave to the spirit of abolitionism. ^^
years afterwards (session of 184^'47) he sob-
mitted other resolutions (five in number) ^
the same power of Congress over slavery W"
lation in the territories ; in which he denied the
power, and asserted that any such legisl«ti<^
to the prejudice of the slaveholdmg emip*''^
from the States, in preventing them fro® ^
moving, with their slave property, to such ter
ritory, "would be a violation of the consti^
tion and the rights of the States from vhi^
such citizens emigrated, and a derogstioQ
that perfect equality which belongs to \^^
ANNO 1888. MARTIN VAN BUREN, PRESIDENT.
141
members of this Union ; and wotdd tend du
redly to subvert the Union iteelfP
These resohiikms, so new and staitling in
their doctrines — so contrary to their anteces^
sors, and to the whole coarse of the goTemment
—were denounced by the writer of this View
the instant they were read in the Senate ; and,
beii^ much discountenanced by other senatcvs,
they were never pressed to a yote in that body ;
but were afterwards adopted by some of the
slaye State legishttores. One year afterwards,
in a debate on the Or^on temtorial bill, and
on the section which proposed to declare the
anli-slayery dause of the ordinance of 1787 to
be in force in that territory. Mr. Oalhonn de-
nied the power of Congress to make any snch
declaration, or in any way to le^late upon
slayery in a territory. He deliyered a most
^aborate and thoronghly considered speech on
the subject, in the course of which he laid down
three propositions :
1. That Congress had no power to legislate
npon slayery in a territory, so as to preyent
the citizens of slayeholding States from remov-
ing into it with their slave property. 2. That
Congress had no power to delegate such au-
tliority to a territory. 3. That the territory
hiid no such power in itself (thus leaving the
subject of slavery in a territory without any
legislative power over it at all). He deduced
tbese dogmas from a new insight into the con-
stitution, which, according to this fresh intro-
spection, recognized slavery as a national insti-
tution, and carried that part of itself (by its
own vigor) into all the territories ; aiMl pro-
tected slavery there: ergo, neither Congress,
xior its deputed territorial legislature, nor the
people of the territory during their territorial
condition, could any way touch the subject —
either to affirm, or disaffirm the institution.
He endeavored to obtain from Congress a
crutch to aid these lame doctrines in limping
into the territories by getting the constitution
voted into them, as part of their organic law ;
and, failing in that attempt (repeatedly made),
he took podtion on the ground that the consti-
tution went into these possessions of itself, so
far as slavery was concerned, it being a na-
tional institution.
These three propositions being in flagrant con-
flict with the power exerdsed by Congress in the
establishment of the Missouri oomi^Qmise line
(which had become a tradition as a Southern
measure, supported by Southern members of
Congress, and sanctioned by the cabinet of Mr.
Monroe, of which Mr. Calhoun was a member),
the het of that compromise and his concur*
renoe in it was inunediately used against him
by Senator IMz, of New York, to invalidate his
present opinions.
Unfortunately he had forgotten this cabinet
consultation, and his own concurrence in its
decision — ^believing ftilly that no such thing
had occurred, and adhering firmly to the new
dogma of total denial of all constitutional power
in Congress to legislate upon slavery in a terri-
tory. This brought up recollections to sustain
the tradition which told of the consultation — to
show that it took place — that its voice was
unanimous in favor of the compnMnisc ; and,
consequently, that Mr. Calhoun himself was in
&vor of it Old writings were produced :
Ftret, a fac eimite copy of an original paper
in Mr. Monroe's handwriting, found among his
manuscripts, dated March 4, 1820 (two days
befi>re the approval of the Missouri compromise
act), and indorsed: " Interrogatories— Missouri
— ^to the Heads of Departments and the Attor-
ney-General ; " and containing within two ques-
tions: ^1. Has Congress a r%ht, under the
powers vested in it by the constitution, to
make a regulation prohibiting slavery in a ter-
ritory 1 2. Is the 8th section of the act which
passed both Houses of Congress on the 3d in-
stant for the admission of Missouri into the
Union, coniustent with the constitution?"
Secondly, the draft of an original letter in
Mr. Monroe's handwritii^ but without signa-
ture^ date, or address, but believed to have been
addressed to General Jac^on, in which he
says : ^ The question wlufch lately agitated Con*
gress and the public has been settled, as you
have seen, by the passage of an act for the ad-
mission ci Missouri as a State, unrestricted;
and Arkansas, also, when it reaches maturity;
and the establishment of the parallel of 36
degrees 30 minutes as a line north of which
slavery is prohibited, and permitted south of it.
I took the opijiion, ia writing, of the adminis-
tration as to the oonstitntionality of restraining
territories, which was explicit in ikvor of it;
and, as it was, that the 8th section of the act
was applicable to territories only, and not to
States when thoy should be admitted into Um
142
THIRTT YEARS' VIEW.
Union." Thirdly^ an eztnct from the diary of
Mr. John Quincy Adams, under date of the 3d of
March, 1820, stating that the President on that
day assembled his cabinet to ask their opinions
on the two questions mentioned — which the
whole cabinet immediately answered unani-
mously, and afSrmatiyely ; that on the 5th he
sent the questions in writing to the members
of his cabinet, to receive their written answers,
to be filed in the department of State ; and that
on the 6th he took his own answer to the Pres-
ident, to be filed with the rest — all agreeing in
the f^rmatiye, and only difiering some in as-
signing, others not assigning reasons for his
opinion. The diary states that the President
signed his approval of the Missouri act on the
6th (which the act shows he did), and request-
ed Mr. Adams to have all the opinions filed in
the department of State.
Upon this evidence it would have rested
without question that Mr. Monroe's cabinet
had been consulted on the constitutionality of
the Missouri compromise line, and that all con-
curred in it, had it not been for the denial of
Mr. Calhoun in the debate on the Oregon ter-
ritorial bill. His denial brought out this evi-
dence \ and, notwithstanding its production and
conclusiveness, he adhered tenaciously to his
disbelief of the whole occurrence ; and especial-
ly the whole of his own imputed share in it
Two circumstances, specious in themselves, fa-
vored Uiis denial : jir8t^ that no such papers as
those described by Mr. Adams were to be found
in the department of State ; secondly^ that in
the original draft of Mr. Monroe's letter it had
first been written that the affirmative answers
of his cabinet to his two interrogatories were
^ unanimouB^^ which word had been crossed
out and ^ explicit " substituted.
With some these two circumstances weighed
nothing against the testimony of two witnesses,
and the current corroborating incidents of tradi-
tion. In the lapse of twenty-seven years, and
in the changes to which our cabinet officers and
the clerks of departments are subjected, it was
easy to believe that the papers had been mislaid
or lost — ^&r easier than to believe that Mr.
Adams could have been mistaken in the entry
made in his diary at the time. And as to the
substitution of '^explicit" for "unanimous,"
that was known to be necessary in order to
avoid the violation of the role which forbid the
disclosure of individual opinions in the cabinet
consultations. With others, and especially with
the political friends of Mr. Calhoun, they were
received as full confirmation of his denuJ, and
left them at liberty to accept his present opin-
ions as those of his whole life, uninyalidated by
previous personal discrepancy, and unoounter-
acted by the weight of a cabinet decision under
Mr. Monroe: and accordingly the new-bon
dogma of no power in Coiigreta to legislale
upon the existence of slavery in the territories
became an article of political faith, incorporated
in the creed, and that for action, of a large poli-
tical party. What is now brought to li^t oi
the proceedings in the Senate in '37-'38 show?
this to have been a mistake — that Mr. Calhoun
admitted the power in 1820, when he favored
the compromise and blamed Mr. Randolph for
opposing it ; that he admitted it again in 183^.
when he submitted his own resolutions, and
voted for those of Mr. Clay. It so happened th^
no one recollected these proceedings of '37-'^
at the time of the Oregon debate of '47-'48. The
writer of this View, though possessing a me-
mory credited as tenacious, did not recollect
them, nor remember them at all, until foooi
among the materials collected for this his-
tory— a circumstance which he attributes to |
his repugnance to the whole debate, and tak-
ing no part in the proceedings except to
vote.
The cabinet consultation of 1820 was not
mentioned by Mr. Calhoun in his aTowal of
1838, nor is it necessary to the object of thb
View to pursue his connection with that private
executive counselling. The only material in-
quiry is as to his approval of the Missouri oob-
promise at the time it was adopted ; and that is
fully established by himself.
It would be a labor unworthy of history to
look up the conduct of any public man, and
trace him through shifting scenes, with a mere
view to personal effect— with a mere Tiew to
personal disparagement, by showing him oontzi-
dictory and inconsistent at some period of hii
course. Such a labor would be idle^ unprofit-
able, and derogatory ; but, when a change takee
place in a public man's opinions which leads to
a change of conduct, and into a new line d
action disastrous to the country, it becomes the
duty of history to note the fact, and to expose
the contradiction—not for personal dispan^
ANKO 188a MARTIF YAK BUBEET, PBSSmEFT.
143
ment— but to ooimterBct the fozoe of tbe new
and dangerous opinion.
In this sense it becomes an obligatory task to
show the change, or rather changes, in Mr. Cal-
houn's opinions on the constitutional power of
Congress over the existence of slsTery in the
national territories; and these changes hare
been great—too great to admit of followers if
thej had been known. First, fully admitting'
the power, and justifying its ezerdse in the
largest and highest possible case. Nej:t, ad-
mitting the power, but deprecating its ezerdse
in certain limited, specified, qualified cases.
TVien, denying it in a limited and specified case.
PinaUy, denying the power any where, and
every where, either in Congress, or in the terri-
torial legislature as its delegate, or in the people
as soyerdgn. The last of these mutations, or
rather the one before the last (for there are but
few who can go the whole loigth of the three
propositions in the Oregon speech), has been
adopted by a huge political party and acted
upon ; and with deplorable effect to the coun-
try. Holding the Missouri compromise to have
been unconstitutional, they have abrogated it
as a nullity; and in so doing have done more to
disturb the harmony of this Union, to unsettie
its foundations, to shake its stability, and to
prapare the two halyes of the Union for part-
ing, than any act, or aU acts put together, since
the commencement of the federal goremment
This lamentable act could not have been done^
—could not haye found a party to do it, — ^if Mr.
Calhoun had not changed his opinion on the
constitutionality of the Missouri compromise
line; or if he could have recollected in 1848
that he approyed that line in 1820 ; and far-
ther remembered, that he saw nothing uncon-
stitutional in it as late as 1838. The change
being now shown, and the imperfection of his
memory made manifest by his own testknony, it
becomes certain that the new doctrine was an
after-thought, disowned by its antecedents— a
figment of the brain lately hatched— and which
its anthor would haye been estopped fi^m pro-
mulgating if these antecedents had been recol-
lected. History now pleads them as an esti^pel
against his followers.
Mr. Monroe, in his letter to General Jackson,
immediately after the establishment of the Mis-
souri compromise, said that that compromise
settled the slayory agjitation which threatened
to break up the Union. Thirty-four years of
quiet and harmony under that settlement bear
witness to the truth of these words, spoken in
the fulness of patriotic gratitude at seeing his
country escape from, a great danger. The year
1854 has seen the abrogation of that compro-
mise ; and with its abrogation the reyiyal of the
agitation, and with a force and fury never known
before : and now may be seen in fact what was
hypothetically foreseen by Mr. Calhoun in 1838,
when, as the fruit of this agitation, he saw the
destruction of all sympathy between the two
sections of the Union— obliteration from, the me-
mory of all proud recollections of former com-
mon danger and gloiy— hatred in the hearts of
the North and the South, more deadly than
eyer existed between two neighboring nations*
May we not haye to witness the remainder of
his pn^hetic vision — "Two people made op
ONE ! "
P. S. — ^After this chapter had been written,
the author recmved authentic information that,
during the time that John M. Clayton, Esq. of
Delaware, was Secretary of State under Presi-
dent Taylor (1849-50), evidence had been
found in the Department of State, of the feet,
that the opinion of Mr. Calhoun and of the rest
of Mr. Monroe's cabinet, had been filed there.
In consequence a note of inquiry was addressed
to Mr. Clayton, who answered (under date of
July 19th, 1855) as follows :
" In reply to your inquiry I haye to state that
I have no recollection of haying eyer met with
Mr. Calhoun's answer to Mr. Monroe's cabinet
queries, as to the constitutionality of the Mis-
souri compromise. It had not been found while
I was in tiie department of state, as I was then
informed : but the archiyes of the department
disclose the feet, that Mr. Calhoun, and other
members of the cabinet^ did answer Mr. Mon-
roe's questions. It appears by an index that
these answers were filed among the archiyes of
that department I was told they had been
abstracted from the records, and could not be
found ; but I did not make a search for them
myself. I haye never doubted that Mr. Calhoun
at least acquiesced in the decision of the cabinet
of that day. Since I left the Department of
State I have heard it rum<ved that Mr. Cat*
houa's answer to Mr. Monroe's queries had
been found ; but I know not upon what axH
thority the statement was made."
144
TBOBTY TRABff VIEW.
CHAPTER XXXIV.
DEATH OF OOMMOI>OBS BODOEB8, AND NOtlGB
OF HIB LIFE AND OHABACTES.
Mt idea of the perfect nayal Gommander had
been formed from history, and from the study
of such characters as the Von Tromps and De
Ruy ters of Holland, the Blakes of England, and
the De TourviUes of France — men modest and
virtuous, frank and sincere, brave and patriotic,
gentle in peace; terrible m war ; formed for high
command by nature ; and raising themselves to
their proper sphere by their own exertions from
low beginnings. When I first saw Commodore
RoDOSRs, which was after I had reached sena-
torial age and station, he recalled to me the idea
of those model admirals ; and subsequent ao-
quaintance confirmed the impression then made.
He was to me the complete impersonation of
my idea of the perfisct naval commander — ^per-
son, mind, and manners ; with the qualities for
command grafted on the groundwork of a good
dtissen and good father of a &mily ; and all
lodged in a frame to bespeak the seaman and
the officer.
His very figure and fkoe were those of the
naval hero — such as we conceive from naval
songs and ballads ; and, from the course of life
which the sea ofEkser leads— exposed to the
double peril of waves and war, and contending
with the storms of the elements as well as with
the storm of battle. We associate the idea of
bodUy power with such a Me ; and when we
find them united — ^the heroic qualities m a frame
of powerful muscular development — ^we expe-
rience a gratified feeling of completeness, which
flilfils a natural expectation, and leaves nothing
to be desired. And when the same great quali-
ties are found, as they often are, in the man of
slight and slender frame, it requires some effort
of reason to conquer a feeling of surprise at a
eombination which is a contrast, and which
presents so much power in a frame so little
promising it ; and hence all poets and orators,
all painters and sculptors, all the dealers in im-
aginary perfections, give a corresponding figure
of strragth and force to the heroes they create.
Cmnmodore Rodgers needed no help firom the
creative imaginatiop to endow him with the form
which naval heroism might require. His person
was of the middle height^ stout, square, solid,
compact ; well-proportioned ; and combining in
the perfect degree the idea of strength and en-
durance with the reality of manly comeliness —
the statue of Mars, in the rough state, before the
conscious chisel had lent the last polish. His
face, stem in the outline, was relieved by a
gentle and ben^ expression — grave with the
overshadowing of an amjde and capacious fore-
head and eyebrows. Courageneed not be named
among the qualities of Americans ; the question
would be to find one without it. His skill, oi-
terprise, promptitude and talent fer oommandj
were shown in the war of 1812 with Great
Britain; in the quan war of 1799 with the
French Republic— gtum only as it concenied
political relations, real as it concerned desperate
and brilliant combats at sea ; and in the Medi-
terranean wars with the Barbaiy States, when
those States were formidable in that sea and
held Europe under tribute ; and which tribnte
fhmi the United States was relinqnished by
Tripoli and Tunis at the end of the war with
these States — Commodore Rodgers oonmiand-
ing at the time as successor to Barron and
Preble. It was at the end of this war, 1801 ao
valiantly conducted and so triumphantly con-
cluded, that the reigning Pope, Pius the Seventh,
publicly dedared that America had done more
for Christendom against the Barbary States,
than all the powers of Europe combined.
He was first lieutenant on the Constellatioik
when that frigate, under Truxton, vanqnidied
and captured the French frigate Insni^gent;
and great as his merit was in the action, where
he showed himself to be the proper second to aa
able commander, it was greater in what took
place after it i and in which steadiness, firmncsi&
humanity, vigilance, endurance, and seamanship,
were carried to their highest pitch ; and in all
which his honors were shared by the then strip-
ling midshipman, afterwards the brilliant Com-
modore Porter.
The Insurgent having struck, and part of her
crew been transferred to the Constellatioa,
Lieut. Rodgers and Midshipman Porter wen
on board the prize, superintending the trans-
fer, when a tempest arose — ^the ships parted—
and dark night came on. There were still one
hundred and seventy-three Fremdi prisoners on
ANKO 1888. MiOtTIN VAN BUREN, PRESIDEMT.
145
board. The two joxmg officers had bat ele?en
men — ^thirteen in aO — ^to gotid thirteen tunes
tbeir number; and work a crippled flngate at
the same time^ and get her into port. And
nobly did they do it. For three days and nights
did these thirteen (though fresh from a bloody
conflict which strained eTeiy ftcnlty and brou^t
demands for rest), without sleep or repose, arm-
ed to the teeth, watching with eye and ear, stand
to the arduous duty — sailing thehr ship, restrain-
ing their prisoners, solacing the wounded —
ready to kill, and hurting no one. They did not
sail at random, or for the nearest port; but,
fiuthf ul to the orders of their commander, given
under different circumstances, steered for St
Kitts, in the West Indies — arriyed there safely
— and were reoeiTed-with triumph and admirsr
tion.
Such an exploit equalled any fame that could
be gained in battle ; for it brought into requi-
sition all the qualities for command which high
command requires; and foreshadowed the fii-
ture eminence of these two young officers.
What fimmess, steadiness, yigilsnoe^ endurance,
snd courage — fiff aboye that which the battle-
field requires ! and one of these young officers,
sa slight and slender lad, as frail to the look as
the other was powerful ; and yet each acting
liis part with the same heroic steadiness and
perseyeranoe, coolness and humanity ! They
Isad no irons to secure a single man. The one
liundred and seyenty-three French were loose
in the lower hold, a sentinel only at each gang-
^way ; and yigilance, and readiness to use their
arms, the only resource of the little crew. If
liistoiy has a parallel to this deed I haye not
seen it; and to yalue it in all its extent, it
must be remembered that these prisoners were
Frendimen — ^their inherent courage exalted by
the bensj of the reyolution — ^themselyes fresh
from a murderous conflict— the decks of the
ship still red and slippery with the blood of
their comrades ; and they with a right, both
legal and moral, to recoyer their liberty if they
could. These three days and nights, still more
than the yictoiy which preceded them, earned
for Rodgers the captaincy, and for Porter the
lieutenancy, with which they were soon respeo-
tiyely honored.
American cruisers had gained credit in the
war of the Reyolution, and in the quari war with
the French Republic ; and American squadrons
Vol. II.— 10
had bearded the Barbary Powers in tfaefar dens,
after chasing their piratical yessels from the
seas : but a war with Great Britain, with her
one thousand and sixty yessels of war on her
nayal list, and aboye seyen hundred of these for
seryice, her fleets swelled with the ships of all
nations, exalted with the idea of inyindlnlity^,
and one hundred and twenty guns on the decks
of her first-class men-of-war— «ny nayal contest
with such* a power, with seyenteen yessels for
the sea^ ranging frtnn twelye to forty-four guns
(which was the totality whidi the American
nayal register could then show), seemed an in-
sanity. And insanity it would haye been with
eyen twenty times as many yessels, and doable
their number of guns, if naral battles with riyal
fleets had been intended. Fortunately we had
nayal officers at that time who understood the
yirtue of cruising, and bdieyed they could do
what Paul Jones and others had done during
the war of the Reyolution.
Political men belieyed nothing could be done
at sea but to lose the few yessels which we had;
that eyen cruising was out of the question. Of
our seyenteen yessels, the whole were in port
but one ; and it was determined to keep them
there, and the one at sea with them, if it had
the luck to get in. I am under no obligation to
make the admission, but I am free to acknow-
ledge, that I was one of those who supposed
that there was no salyation for our seyenteen
men-of-war but to run them as fiur up the creek
as possible, place them under the guns of bat-
teries, and collect camps of militia about them,
to keep off the British. This was the policy at
the day of the declaration of the war ; and I
haye the less concern to admit myself to haye
been participator in the delusion, because I
claim the merit of haying profited firom expe-
rience—happy if I could transmit the lesson to
posterity. Two officers came to Washington—
Bainbridge and Stewart They spoke with Mr.
Madison, and urged the feasibility of cruising.
One-half of the whole number of the British
men-of-war were under the dass of frigates,
consequently no more than matches for some
of our seyenteen ; the whole of her merchant
marine (many thousands) were subject to cap-
ture. Here was a rich field lor cruising ; and
the two officers, lor themselyes and brothers,
boldly proposed to enter it
Mr. Madison had seen the efficiency of cniift*
146
THIRTY YEABS* VIEW.
ing and privateering, eyen against Great Britain,
and in our then infkntile condition, during the
war of the Rerolution ; and besides was a man
of sense, and amenable to judgment and reason.
He listened to the two experienced and valiant
ofQoers ; and, without consulting Congress,
which perhaps would have been a fatal con-
sultation (for multitude of counsellors is not
the council for bold decision), reversed the
policy which had been resolved upon ; and, in
his supreme character of iconstitutional com-
mander of the army and navy, ordered every
ship that could cruise to get to sea as soon as
possible. This I had from Mr. Monroe, and it
is due to Mr. Madison to tell it, who, vrithout
pretending to a military character, had the
merit of sanctioning this most vital vrar meas-
ure.
Commodore Rodgers wub then in New York,
in command of the President (44), intended for
a part of the harbor defence of that dty. With-
in one hour after he had received his cruising
orders, he was under way. This was the 2l8t
of June. That night he got information of the
Jamaica fleet (merchantmen), homeward bound ;
and crowded all sail in the direction they had
gone, following the Gulf Stream towards the
east of Newfoundland. While on this track, on
the 23d, a British frigate was perceived &r to
the northeast^ and getting further off. It was a
nobler object than a fleet of merchantmen, and
chase was immediately given her, and she
gained upon ; but not fast enough to get along-
side before night
It was four o'clock in the evening, and the
enemy in range of the bow-chasers. Commodore
Rodgers determined to cripple her, and diminish
her speed ; and so come up with her. He point-
ed the first gun himself, and pointed it well.
The shot struck the frigate in her rudder coat,
drove through her stem frame, and passed into
the gun-room. It was the first gun fired during
the vrar; and was no waste of ammunition.
Second Lieutenant Gamble, commander of the
hattery, pointed and discharged the second —
hitting and damaging one of the enemy's stem
chasers. Commodore Rodgers fired the third
— chitting the stem again, and killing and wound-
ing six men. Mr. Gamble fired again. The gun
bunted 1 killing and wounding sixteen of her
own men, blowing up the Commodore — ^who fi^
with A broken leg upon the deck. The pause
in working the guns on that side, occasioned bj
this accident, enabled the enemy to bring some
stem guns to bear, and to lighten his vessel to
increase her speed. He cut away his andion,
stove and threw overboard his boats, and start-
ed fourteen tons of water. Thus lightened, be
escaped. It was the Belvidera, 36 guns, Captam
Byron. The President would have taken ber
with all ease if she had got alongside; and of
that the English captain showed himself dulj,
and excusably sensible.
The frigate having esci^ped, the Commodore,
regardless of his broken 1^, hauled up to its
course in pursuit of the Jamaica fleet, and sooo
got information that it consisted of eightj-fiic
sail, and was under convoy of four men-of-war;
one of them a two-decker, another a frigate;
and that he was on its track. Passing Kev-
foundland and finding the sea well sprinkled
with ths signs of West India fruit — orange peel^
cocoanut shells, pine-apple rinds, Ac.— the Com-
modore knew himself to be in Uie wake of the
fleet, and made every exertion to come up witl^
it before it could reach the chops of the chaood:
but in vain. When almost in sight of the Eng-
lish coast, and no glimpse obtained of the fleet,
he was compelled to tack, run south: vxii
after an extended cmise, return to the United
States.
The Commodore had missed the two gnft
objects of his ambition — the fleet and the frigate;
but the cruise was not barren either in material
or moral results. Seven British merchantmea
were captured — one American recaptured-tk
English coast had been approached. With iiB-
punity an American frigate — one of those la-
sultingly styled « fir-built, with a bit of striped
bunting at her mast-head," — had almost looked
into that narrow channel which is considered
the sanctum of a British ship. An alarm ^
been i^read, and a squadron of seven meo-o^
war (four of them frigates and one a 8ixtj-f<^
gun ship) were assembled to capture him; ^
of them the Belvidera, which had escaped at tbe
bursting of the President's gun, and spread tbe
news of her being at sea.
It was a great honor to Commodore Bodgeis
to send such a squadron to look after him; *oa
became still greater to Captain Hull, in ^
Constitution, who escaped from it after having
been almost surrounded by it It was efenisg
when this captain began to fiJl in with tlat
ANNO 18S9. MARTIK VAN BUREK, PRESIDENT.
147
squadron, and at dayli^t found hunself almost
eDcompasaed hj it— three ahead and four astern.
Then began that chase which continued serenty-
two hoors^ in whidi soTon pursoed one, and
seemed often (m the point of dosing on their
prise; in which eyeiy means of progress, from
Toeibd topsails to kedging and towing, was pat
into requisition by either party— the one to
escape, the other to oyertake; in whidi the
stem-chasers of one were often replying to the
bow-chasers of the other ; and the greatest pre-
cision of manoBUTiing required to avoid filling
imder the guns of some while avoiding those of
others ; and which ended with patting an escape
on a level with a great victory. G^>tain Hull
brought his vessel safe into port, and without
the sacrifice of her equipment — ^not an anchor
having been cat away, boat stove, or gun thrown
overboard to gain speed by lightening the vessel
It was a brilliant result, with all the moral
effects of victory, and a splendid vindication of
the policy of cruising — showing that we had
seamanship to escape the force which we could
not fight
Commodore Rodgers made another extended
cruise during this war, a circuit of eight thou-
sand miles, traversmg the high seas, coasting
the shorea of both continents, searching wher-
ever the cruisers or merchantmen of the enemy
were expected to be found ; capturing what was
within his means, avoiding the rest. A British
, government packet, with nearly (^00,000 in
J specie, was taken; many merchantmen were
taken ; and, though an opportunity did not offer
to engage a frigateof equal or neariy equal force,
and to gain one of those electrifying victories for
which our cruisers were so remarkable, yet the
moral effect was great— demonstrating the am-
ple capacity of an American frigate to go where
she pleased in spite of the ^ thousand ships of
war " of the assumed mistress of the seas ; car-
rying damage and alarm to the foe, and avoiding
misfortune to itsel£
At the attempt of the British upon Baltimore
Commodore Rodgers was in command of the
maritime defences of that dty, and, having no
means of contending with the British fleet in
the bay, he assembled all the seamen of the
ships-of-war and of the flotilla, and entered judi-
dously into the combinations for the land de-
Humane ibding was % characteristic of this
brave officer, and was verified in all the relations
of his life, and in his constant conduct Stand*
ing on the bank of the Susquehanna river, at
Havre de Grace, one cold vrinter day, the river
flooded and filled with floating ice, he saw (with
others), at a long distance, a living object — dis-
cerned to be a human being— carried down the
stream. He ventured in, against all remon-
strance, and brought the object safe to shore.
It was a colored woman — ^to him a human being,
doomed to a fr^htfrd death unless relieved ; and
heroically relieved at the peril of his own life.
He was humane in battle. That was shown in
the affair of the Little Belt— chased, hailed,
fought (the year before the war), and compelled
to answer the h^l, and tell who she was, with
expense of blood, and largely; but still the
smallest possible quantity that would accom-
plish the purpose. The encounter took pbuse m
the night, and because the British captain would
not answer the American hail. Judging from
the inferiority of her fire that he was engaged
with an unequal antagonist, th& American Com-
modore suspended his own flre, while still re-
ceiving broadsides from his arrogant little adver-
sary ; and only resumed it when indispensable
to his own safety, and the enforcement of the
question which he had put An answer was
obtained after thirty-one had been killed or
wounded on board the British vessel ; and this
at six leagues from the American coast : and,
the doctrine of no right to stop a vessel on the
high seas to ascertain her character not having
been then invented, no political consequence
followed this bloody enforcement of maritime
polico— exasperated against eadi other as the
two nations were at the time.
At the death of Decatur, kiUed in that Ui-
mentable duel, I have heard Mr. Randolph tell,
and he alone could tdl it, of the agony of Rod-
gers as he stood over his dying firiend, in bodily
contention with his own grief— convulsed with-
in, calm without ; and keeping down the strug-
gling anguish of the soul by dint of muscular
power.
That feeling heart was doomed to suffer %
great agony in the untimdy death of a heroic
son, emulating the generous devotion of the
fether, and perishmg m the wweB, in vun efforts
to save comrades more exhausted than himself;
and to whom he nobly relinquished the means
of his own safely. It was spared another grief
148
THIBTT TEABST VIjsw.
of a kindred iiAtiire (not haTing Iired to Bee it),
in the death of another heroic eon, lost in the
etoop-of-war Albany, in one of those oafaunitoos
firanderinge at sea in which the mystery of an
unseen &te deepens the shades of death, and
t\mAMn» the depths of sorrow — leaving the
hearts of ikr distant friends a prey to a long
agmy of hope and fear — only to be solved in
an agony still deeper.
Commodore Bodgers died at the head of the
American navy, without having seen the rank
of Admiral established in our naval service, for
whidi I Toted when senator, and hoped to have
seen conferred on him, and on others who have
done so much to exalt the name of their coun-
tiy 'f and which rank I deem essential to the
good of the service, even in the cruising system
I deem alooe suitable to us.
CHAPTER XXXV.
AHn-DTJELLINO ACT.
Thk death of Mr. Jonathan Cill^, a xepresenr
tative in Congress from the State of Maine,
killed in a duel with rifles, with Mr. Graves of
Kentucky, led to the passage of an act with
severe penalties against duelling^ in the District
of Columbia^ or out of it upon agreement within
the District The penalties were--death to all
the survivors, when any one was killed : a five
years imprisonment in the penitentiary for giv-
ing or accepting a challenge. like all acts
passed under a sudden excitement, this act was
defective, and more the result of good intentions
than of knowledge of human nature. Passions
of the mind, like diseases of the body, are liable
to break out in a different form when suppressed
In the one they had assumed. Xo physician
suppresses an eruption without considering what
is to become of the virus which is escaping^ if
stopped and confined to the body : no legislar
tor should sujqpress an evil without considering
whether a worse one is at the same time planted.
I was a young member of the general assembly
of Tennessee (1809), when a most worthy mem-
ber (Mr. Bobert 0. Foster), took credit to him-
self for having pat down billiard tables in Nasb-
ville. Another most worthy member (General
Joseph Dixon) asked hfan how many card tables
he had put up in their ph^e? This was a side of
the account to which the sup|»^e8sor of bOliard
tables had not looked : and which opened up a
view of serious consideratton to ewery person in-
trusted with the responsible business of legisla-
tion—a business requiring so much knowledge of
human ^lature, and so seldom invoking the little
we possess. It has been on my mind ever snnee;
and I have had constant occasions to witness its
disregard— and seldom more lamentably than in
the case of this anti-duelling act It looked to
one evil, and saw nothing else. It did not look
to the assassinations, under the pretext of sdi^
defence, which were to rise up in place of the
regular dueL Certainly it is deplomble to see
a young man, the hope of his fether and niother—
a ripe man, the head of a fiunily — an eminent
man, necessary to his country— struck down in
the duel ; and should be prevented if poesibleL
Still this deplorable practice is not so bad as the
bowie knife, and the revolver, and their pretext
of self-defence— thirsting for blood. In the
duel, there is at least consent on both sideSj
with a preliminaiy opportunity for settlement,
with a chance for the law to arrest them, and
room fmr the interposition of friends as the
ai&ir goes on. There is usually eqoality of
terms ; and it would not be called an aflSur of
honor, if honor was not to prevail all round ;
and if the satisfying a point of honor, and not
vengeance, was the end to be attained. Finally,
in the regular duel, the principals are in the
hands of the seconds (for no man can be made
a second without his consent) ; and as both
these are required by the duelling code (for the
sake of feimess and humanity), to be ftee from
ill will or grudge towards the adversary prin>
dpal, they are expected to terminate the affiur
as soon as the point of honor is satisfied — and,
the less the injury, so much the better. The
only exception to these rules is, where the
principals are in such relations to each otber as
to admit of no accommodation, and the injury
such as to admit of no compromise. In the
knife and revolver business, all this is different
There is no preliminary interval for settlement-
no chance for oflScers of justice to intervene — no
room for friends to interpose. Instead of equal-
ity of terms, every advantage is sought Instead
of consent, the victim is set upon at the moet
unguarded moment Instead of satisfying a
ANNO 1880. MARTIN VAN BUREN, PRKBIDBNT.
149
point of honor, it is Yengeioee to be (^tted.
Nor does the differeooe Btop with death. In
the duel, the nnhurt principal Booms to continue
the combat upon his disabled adyersaiy: mthe
knife and reyolyer case, the hero <tf these wei^H
ons continues firing and stablwig while the
prostrate body of the dying man g^yes a sign of
li£3. In the duel the suniyor neyer aaaaila the
character of the fidlen : in the knife and reyol-
yer case, the first moyement of the yictor is to
attadc the character of his yiclim— to accuse
him of an intent to murder; and to make out a
case of self-defence, by making oat a case of
premeditated attadc against the other. And in
such felse accusation, the French proyerb is
usually yerified— -/Ac dead and the ab$eiU are
altoays in the torong.
The anti-duelling act did not suppress the
passions in which duels originate : it only sup-
pressed one mode, and that the least reyolting^ in
which these passions could manifest themselyes.
It did not siqypress the homicidal intent— but
gaye it a new form : and now many members of
Congress go into their seats with deadly weapons
under their garments — ^ready to insult with foul
language, and prepared to IdU if the language is
resented. The act should haye pursued the
homicidal intent into whateyer form it might
assume ; and, therefore, should hare been made
to include all unjustifiable homicides.
The law was also mistaken in the nature of
its penalties : they are not of a kind to be en-
forced, if incurred. It is in yain to attempt to
punish more ^ominiously, and more seyerely,
a duel than an assassination. The ofiences,
though both great, are of yety different degrees;
and human nature will recognize the difference
though the law may not : and the result will
be seen in the conduct of juries, and in the tem-
per of the pardoning power. A species of pen-
alty unknown to the common law, and rejected
by it, and only held good when a man was the
vassal of his lord — ^the dogma that the piiyate
injury to the femily is merged in the public
wrong — ^this species of penally (amends to the
family) is called for by the progress of homi-
cides in our country; and not as a substitute for
the death penalty, but cumulatiye. Under this
dogma, a small injury to a man's person brings
him a moneyed indemnity ; in the greatest of all
injuries, that of depriying a femily of its sup-
port and protector, no compensation is allowed.
This is preposterous, and leads to deadly con-
sequences. It is cheaper now to kill a man,
than to hurt him ; and, accordingly, the prep-
aration is generally to kill, and not to hurt
The firequency, the wantonness, the barbarity,
the cold-blooded cruelty, and the demoniac leyi-
ty with which homicides are committed with
us, haye become the opprobrium of our country.
An incredible number of persons, and in all parts
of the country, seem to haye taken the code of
Draco for their law, and thdr own will for its
execution — ^kill for eyery offenoe. The death
penalty, prescribed by diyine wisdom, is hardl^
a scare^arow. Some States hare abolished it
by statute qome communities, yirtually, by a
mawkish sentimentality; and eyery where, the
jury being the judge of the law as weU as of the
feet, find themselyes pretty mnch in a condition
to do as they please. And unanimity among
twelye being required, as in the English law,
mstead of a concurrence of three-fifths in fif-
teen, as in the Scottish law, it is hi the power
of one or two men to {veyent a conyiction, eyen
in the most fiagrant cases. In this deluge of
bloodshed some new remedy is called for in ad-
dition to the death penalty ; and it may be best
found in the principle of compensation to the
femily of the slain, recoyerable in eyery case
where the homicide was not justifiable under
the written laws of the land. In this wide-
spread custom of carrying deadly wei^Kms, often
leading to homicides where there was no pre-
yious intent, some check should be put on a
practice so indicatiye of a bad heart-— a heart
yoid of soda! duty, and fetally bent on mis-
chief; and this check may be found in making
the feet of haying such arms on the person an
offence in itself prima facie eyidence of malice^
and to be punished cumulatiyely by the judge ;
and that without r^;ard to the fiict whether
used or not in the affiray.
The anti-duelling act of 1839 was, there-
fore, defectiye in not pursuing the homicidal
offonce into aU the new forms it might assume ;
in not giying damages to a bereayed femily —
and not punishing the carrying of the weapon,
whether used or not — only accommodating the
degree of punishment to the more or less
use that had been made of it. In the Halls
of Congress it should be an offence, in it-
sell^ whether drawn or not, subjecting the of-
fender to all the penalties for a high misde-
150
THIRTY YEARS' VIEW.
meanoi^-remoTBl firom office — disqualification
to hold any office of trnat or profit under the
United States — and indictment at law hesides.
CHAPTER XXXVI.
8LATEBT AGITATION IN THE HOUSE OF REPBB-
BENTATIYES, AND BETIBINO OF SOUTHERN
MEMBERS FBOM THE HALL.
The most angry and portentous deh&te wluch
had yet taken place in Congress, occurred at
this time in the House of Representatiyes. It
was brought on by Mr. William Slade, of Ver-
mont, who, besides presenting petitions of the
usual abolition character, and moving to refer
them to a committee, moyed their reference to a
select committee, with mstructions to report a bill
in conformity to their prayer. This motion, in-
flammatory and irritating in itself and without
practical legislatiye object, as the great majority
of the House was known to be opposed to it,
was rendered still more exasperating by the
manner of supporting it. The mover entered
faito a general disquisition on the subject of
slATery, all denundatory, and was proceeding to
speak upon it in the State of Virginia, and other
States, in the same spirit, when Mr. Legare, of
South Carolina, interposed, and —
^ Hoped the gentleman from Vermont would
allow nim to make a few remarks before he
proceeded farther. He sincerely hoped that
gentleman would consider well what he was
about before he ventured on such ground, and
that he would take time to consider what might
be its probable consequences. He solemnly en-
treated him to reflect on the possible results of
such a course, which involved the interests of a
nation and a continent He would warn him,
not in the language of defiance, which all brave
and wise men despised but he would warn him
hi the languaee of a solemn sense of duty, that
if there was '^a spirit aroused in the North in
relation to this subject,' that spirit would en-
counter another spirit in the South full as
stubborn. He would tell them that, when this
guestion was forced upon the people of the
outlL they would be ready to take up the
gauntlet. He concluded by urging on the gen-
tleman from Vermont to ponder well on his
course before he ventured to proceed."
Mr. Slade continued his remarks when Mr.
Dawson, of Georgia, asked him for the floor.
that he might move an adjournment — evidently
to carry off the storm which he saw risiiig. Mr.
Slade refused to yield it ; so the motion to ad-
journ could not be made. Mr. Slade continued,
and was proceeding to answer his own inquiry,
put to himself— trAat was Slavery 7 when Mr.
Dawson again asked for the floor, to make
his motion of adjournment Mr. Slade refused
it: a visible commotion began to pervade the
House — members rising, clustering together,
and talking with animation. Mr. Slade can-
tinned, and was about reading a judicial opinion
in one of the Southern States which defined a
slave to be a chattel — ^when Mr. Wise called
him to order for speaking beside the question—
the question being upon the abolition of shtvery
in the District of Columbia, and Mr. Slade's re-
marks going to its legal character, as property
in a State. The Speaker, Mr. John White, d
Kentucky, sustained the call, saying it was not
in order to discuss the subject of slayery in any
of the States. Mr. Slade denied that he was
doing so, and sud he was merely quoting a South-
ern judicial dedsicm as he might quote a legal
opinion delivered in Great Britain. Mr. Robert-
son, of Virginia, moved that the House adjouiiL
The Speaker pronounced the motion (and cor-
rectly), out of order, as the member from Ver-
mont was in possession of the floor and address-
ing the House. He would, however, suggest
to the member fh)m Vermont, who could doc
but observe the state of the House, to confine
himself strictiy to the subject of his motion.
Mr. Slade went on at great length, when Mr.
Petrikin, of Pennsylvania, called him to order;
but the Chair did not sustain the calL Mr.
Slade went on, quoting from the Declaration d
Independence, and the constitutions of the sevend
States, and had got to that of Vug:inia, when
Mr. Wise called him to order for reading papeis
without the leave of the House. The Speaker
decided that no paper, objected to, could he read
without the leave of the House. Mr. Wise
then said:
^' That the gentleman had wantonly discussed
the abstract question of slavery, going back to
the very first day of the creation^ instead of
slavery as it existed in the District, and the
e>wers and duties of Congress in relation to it
e was now examining the State constitutions
to show that as it existed in the States it was
against them, and against the laws of Qod and
This was out of order."
ANNO 1889. MARTIN VAN BURKN, PBSBIDKNT.
161
Mr. SUide explained, and argued in yindica-
tion of his course, and was about to read a me-
morial of Dr. Franklin, and an opinion of Mr.
Madison on the subject of slayeiy — ^when the
reading was objected to by Mr. GrilBn, of South
Carolina ; and the Speaker decided they could
not be read without the permissbn of the House.
Mr. Slade, without asking the permission of the
House, which he knew would not be granted,
assumed to understand the prohibition as ex-
tending only to himself personally, said —
<< Then I send them to the clerk: let him read
themJ' The Speaker decided that this was
equally agunst the rule. Then Mr. Griffin
withdrew the objection, and Mr. Slade proceed-
ed to read the papers, and to conunent upon
them as he went on, and was about to go back
to the State of Virginia, and show what had
been the feeling there on the subject of slaveiy
preyious to the date of Dr. Franklin's memorial :
Mr. Rhett, of South Carolina, inquired of the
Chair what the opinions of Yiiginia fifty years
ago had to do with the case ? The Speaker was
about to reply, when Mr. Wise rose with
warmth, and said — '^He has discussed the
whole abstract question of slavery: of sUivery
in Virginia : of slavery in my own district : and
I now ask all my colleagues to retire with me
£rom this hall." Mr. Slade reminded the
Speaker that he had not yielded the floor ; but
his progress was impeded by the condition of
the House, and the many exclamations of mem-
bers, among whom Mr. Halsey, of (Georgia, was
heard calling on the Georgia delegation to with-
draw with him ; and Mr. Rhett was heard pro-
daunmg, that the South Carolina members had
already consulted together, and agreed to have
a meeting at three o'dock in the committee
room of the District ai Columbia. Here the
Speaker interposed to calm the House, standing
up in his place and saying:
" The gentieman from Vermont had been re-
minded by the Chair that the discussion of
slavery, as existing within the States, was not
in order ; when he was desirous to reM a paper
and it was objected to. the Chair had stopped
him ; but the objection had been withdrawn, and
Mr. Slade had been suffered to proceed ; he was
now about to read another paper, and objection
was made $ the Chair wool^ therefore, take the
question on permitting it to be read."
Many members rose, all addressing the Chafar
at the same time, and many members leaving
the hall, and a general scene of noise and con-
fusion prevailing. Mr. Rhett succeeded in rais-
ing his voice above the roar of the tempest whidi
raged in the House, and invited the entire dele-
gations from all the slave States to retire ftom
the hall forthwith, and meet in the committee
room of the District of Columbia. The Speaker
again essayed to calm the House, and again
standing up in his place, he recapitulated his
attempts to preserve order, and vindicated the
correctness of his own conduct — seemingly im-
pugned by many. " What his personal feelings
were on the subject (he was fh>m aslave State),
nught easily be conjectured. He had endeavor-
ed to enforce the rules. Had it been in his power
to restrain the discussion, he should promptly
have exercised the power ; but it was not Mr.
Slade, continuing, sud the paper which he
wished to read was of the continental Congress
of 1774. The Speaker was about to put the
question on leave, when Mr. Cost Johnson, d
Maryland, inquired whether it would be in
order to fbroe the House to vote that the mem-
ber fVom Vermont be not permitted to proceed?
The Speaker replied it would not ^en Mr.
James J. McKay, of North Carolina — a dear,
coolheaded, sagacious man — ^interposed the oi>-
jection whidi headed Mr. Slade. There was a
rule of the House, that when a member was
called to order, he should take his seat ; and if
dedded to be out of order, he should not be
allowed to speak again, except on the leave of
the House. Mr. McKay judged this to be a
proper occasion for the enforcement of that rule ;
and stood up and said :
<< That the gentieman had been pronounced
out of order in discussing slavery in the States ;
and the rule declared that when a member was
so pronounced by the Chair, he should take his
seat, and if any one objected to his proceeding
again, he shomd not a> so, unless by leave of
the House. Mr. McKay did now object to the
gentleman from Vermont proceeding any fiff^
ther."
Redoubled noise and confusion ensued — a
crowd of members rising and speaking at once
— who eventuaUy yidded to the resounding
blows of the Speaker's hammer upon the lid
of his desk, and his apparent desire to read
something to the House, as he held a book (re-
cognized to be that of the rules) in his hand.
Obtaining quiet, so as to enable himself to be
heard, he read tiie rule referred to by Mr. Mo-
152
THIRTY YEARS' VIEW.
Kay ; and said that, as objection had now, for
the first time, been made under that rule to the
gentleman's resumiog his speech, the Chair
decided that he could not do so without the
leave of the House. Mr. Slade attempted to go
on : the Speaker directed him to take his seat
until the question of leave should be put
Then, Mr. Slade, still keeping on his feet, asked
leave to proceed as in order, saying he would
not discuss slavery in Virginia. On that ques-
tion Mr. Allen, of Vermont, asked the yeas and
nays. Mr. Bencher, of North Carolina, moved
an adjournment. Mr. Adams, and many others,
demanded the yeas and nays on this motion,
which were ordered, and resulted in 106 yeas,
and 63 nays — some fifty or sixty members hav-
ing withdrawn. This opposition to adjourn-
ment was one of the worst features of that un-
happy day's work — the only efiect of keeping
the House together being to increase irritation,
and multiply the chances for an outbreak.
From the beginning Southern members had
been in fiivor of it, and essayed to accomplish it,
but were prevented by the tenacity with which
Mr. Slade kept possession of the floor: and
now, at last, when it was time to a<youm
any way — ^when the House was in a condition
in whidi no good could be expected, and great
harm might be apprehended, there were sixty-
three members— being nearly one-third of the
House — ^willing to continue it in session. They
^Messrs. Adams, Alexander, H. Allen, J. W.
Allen, -^cri^, Bell, Biddle, Bond, Borden,
Briggs. Wm. B. Calhoun, Cof&n, Corwin, Cran-
ston, Curtis, Cushing, Darlington, Davies, Dunn,
Evans, Everett Ewing I. Fletcher, Fillmore,
Qoode^ Grennell, Haley, Hall, Hastings, Henry,
Herod, Hoffman, Lincoln, Marvin, S. Mason,
Maxwell McKennan, Milligan, M. Morris, C.
Moiris, Naylor. Noyes, Ogle, Parmenter, Patter^
son, Peck, Phillips, Potts. Potter, Rariden, Ran-
dolph, Reed, Ridgway, RusseL Shefifer, Sibley,
Slade, Stratton, TUlinghast, Toland, A. S. White,
J. White, K Whittlesey— 63."
The House then stood adjourned ; and as the
adjournment was being pronounced, Mr. Camp-
bell of South Carolina, stood up on a diair, and
calling for the attention of members, said :
** He had been appointed, as one of the Southern
delegation, to announce that all those gentlemen
who represented slaveholding States, were in-
vited to attend the meeting now being held in
the District committee room.''
Members from the slave-holding States had
repaired in large numbers to the room in the
basement, where they were invited to meet.
Various passions agitated them — some violent
Extreme propositions were suggested, of which
Mr. Rhett, of South Carolina, in a letter to his
constituents, gave a full account of his own —
thus:
^' In a private and friendly letter to tlie editor
of the Charleston Mercury ^imongst other events
accompanying the memorable secession of the
Southern members from the hall of the House
of Representatives, I stated to him, that I had
prepared two resolutions, drawn as amendments
to the motion of the member from Vermont,
whilst he was discussing the institution of
slavery in the South, ' declaring, that the con-
stitution having failed to protect the South in
the peaceable possession and enjoyment of their
rights and peculiar institutions, it was expedioit
that the Union should be dissolved ; and the
other, appointing a committee of two members
from each State, to report upon the best means
of peaceably dissolving it' They were intended
as amendments to a motion, to refer with in-
structions to report a bill, abolishing slavery in
the District of Columbia. I expected them to
share the &te, which inevitably awaited the
original motion, so soon as the floor could have
been obtained, viz., to be laid upon the table.
My design in presenting them, was, to place
before Congress and the people, what, in my
opinion, was the true issue upon this great and
vital question ; and to point out the course cf
policy by whidi it should be met by the South-
ern States."
But extreme counsels did not prevaiL There
were members present, who well considered
that, although the provocation was great, aul
the number voting for such a firebrand motion
was deplorably large, yet it was but little more
than the one-fourth of the House, and decidedly
less than one half of the members from the free
States : so that, even if left to the free State
vote alone, the motion would have been rejected.
But the motion itself, and the manner in which
it was supported, was most reprehensible—
necessarily -leading to disorder in the House,
the destruction of its harmony and c^)acity for
useful legislation, tending to a sectional segre-
gation of the members, the alienation of feeling
between the North and the South ; and alarm
to all the slaveholding States. The evil requind
a remedy, but not the remedy of breaking up
the Union ; but one which might prevent the
like in future, while administering a rebuke
upon the past That remedy was found in
ASJSSO 1888. MARTIN VAN BUREN, PRESIDENT.
158
adoptiiv a propoatkm to be offered to the
House, whkii, if agreed to^ would cloae the
door against any discussion upon abolition peti-
tions in fntoie, and assimilate the proceedings
of the Honse^ in that partkolar, to those of
the Senata This proposition was pat into the
hands of Mr. Patton, of Virginia, to be offered
as an amendment to the roles at the opening of
the Hoose the next morning. It was in these
*^ Resolved^ That all petitions, memorials, and
papers, touching the abolition of slavery or the
bayin£^ selling, or transferring of slaves, in any
State, District, or Territory, of the United States,
be laid on the table, witnout being debated,
printed, read, or referred, and that no farther
action whatever shall be nad thereon."
Aooordii^^ly, at the opening of the Hoose, Mr.
Patton asked leave to submit the resolution—
which was read for information. Mr. Adams
objected, to the grant of leave, Mr. Patton then
moved a sospension of the rules— which motion
required two-thirds to sustain it; and, unless
obtained, this salutary remedy for an alarming
evil (which was already in force in the Senate)
could not be offered. It was a test motion, and
on which the oiq[»onents of abolition agitation in
the House required all their strength: for
unless two to one, they were defeated. Happily
the two to one were ready, and on taking the
yeas and nays, demanded by an abolition member
(to ke^ his friends to the track, and to hold the
free State anti-abolitionists to their responsi-
bility at home), the result stood 135 yeas to 60
nays — ^the fiill two-thirds, and fifteen over. The
yeas on this important motion, were :
Messrs. Hugh J. Anderson, John T. An-
drews, Charles G. Atherton, William Beatty,
Andrew Beime, John Bell, Bennet Bicknell,
Hichard Biddle, Samuel Birdsall, Ratliff Boon,
James YT. Bouldin, John 0. Brodhead. Isaac H.
Bronson, Andrew D. W. Brnyn, Anarew Bu-
chanan, John Calhoun, C. C. Cambreleng: Wm.
B. Campbell, John Campbell, Timothy J. Cai^
ter, Wm. B. Carter, Zadok Casey, Jolm Cham-
bers, John Chaney, Reuben Chapman, Richard
Cheatham, Jonathan Cilley, John F. H. Clai-
borne, Jesse F. Cleaveland, Wm. K. Clowney,
Walter Coles, Thomas Corwin. Robert Craig,
John W. Crocket. Samuel Cushman, Edmund
Deberry, John I. De QraflJ John Dennis, George
C. Dromgode, John Edwards, James Farring-
ton, John Fairfield, Jacob Fry, jr., James Gar-
lancL James Graham, Seaton Grantland, Abr'm
P. Grant, William J. Graves, Robert H. Ham- {
mond, Thomas L. Hamer, James Harian, Albert
G. Harrison, Richard Hawes, Micajah T. Haw-
kins^harles E. Harnes, Hopkins Holse^, Or-
rin Holt, George W. Uopkins, Bei\]amin C.
Howard, Edwani B. Hnbley, Jabez Jackson,
Joseph Johnson, Wm. Cost JohnsoiL John W.
Jones, (}ouvemeur Kembk^ Daniel Kilgore,
John Klingensmith, jr^ Joab Lawler, Hugh S.
Legare, Henry Logan. Francis S. Lyon, Francis
Midlory, James M. Mason, Joshua L. Martin,
Abram'P. Maury, Wm. L. May, James J. Mo*
Kay, Robert McCleUan, Abraham McClelland,
Charles McClure, Isaac McRim, Richard H.
Menefee, Charles F. Mercer, Wm. Mont|2:omei7,
Ely Moore, Wm. S. Morgan, Samuel W. Mor-
ris, Henry A. Muhlenberg, John L. Murray,'
Wm. H. Noble, John Palmer^masa J. Parker,
John M. Patton, Lemuel Paynter, Isaac S.
Pennybacker, David Petrikin, Lancelot Phelps,
Arnold Plumer, Zadock Pratt, John H. Pren-
tiss, Luther Reily, Abraham Rancher, John
Robertson, Samuel T. Sawyer, Augustine H.
Shepperd, Charles Shepara, El^nezer J.
ShieldBLMatthias Sheplor, Francis 0. J. Smith,
Adam W. Snyder, Wm. W. Southeate, James
B. Spencer, Edward Stanly, Archibald Stuart,
Wm. Stone, John Taliaferro, Wm. Taylor, Oba-
diah Titus, Isaac Toncey, Hopkins L. Tumey,
Joseph R. Underwood, Henry Vail, David D.
Wagen^ Taylor Webster, Joseph Weeks, Al-
bert S. W bite, John White, Thomas T. Whittle-
sey, Lewis Williams, Sherrod' Williams, Jared
W. Williams, Joseph L. Williams, Christ'r H.
Williams, Henry A. Wise, Archibald YelL
The nays were :
Messrs. John Qoincy Adams, James Alex-
ander, jr., Heman Allen, John W. Allen, J.
Banker ^crigg, Wm. Key Bond, Nathaniel B.
Borden, George N. Briggs, Wm. B. Calhoun,
Charles D. Coffin, Robert B. Cranston, Caleb
Cushing, Edward Dariington, Thomas Davee,
Edward Davies, Alexander Duncan, George H.
Dunn, George Evans, Horace Everett, John
Ewing, Isaac Fletcher, Millard Filmore, Henry
A. Foster, Patrick G. Groode, George Grennell,
jr., Elisha Hal^, Hiland Hall, Alexander Har-
per, Wm. S. Hastings, Thomas Henry: Wm.
Herod, Samuel Ingham^ Levi Lincoln, Richard
P. Marvin, Samson Mason, John P. B. Maxwell,
Thos. M. T. McKennan, Mathias Morris, Cal-
vary Morris, Charles Naylor, Joseph C. Noyes,
Charles Ogle. Wm. Parmenter, Wm. Patterson.
Luther C. Peck, Stephen C. Phillimt, David
Potts, jr., James Rariden, Joseph F. Randolph,
John Reed, Joseph Ridgway. David Russell,
Daniel Sheffer, Marie H. Sibley, Wm. Slade^
Charles C. Strattcm, Joseph L. Tillinghast,
George W. Tohmd, Elisha Whittlesey, Thomas
Jones Yorke.
This was one of the most important votes
ever delivered in the House. Upon its issue de-
pended the quiet of the House on one hand, or
154
THmTY YEARS* VIEW.
on the other, the renewal, and perpetuation of the
scenes of the day before — ending in breaking up
all deliberation, and all national legislation. It
was successful, and that critical step being safely
over, the passage of the resolution was secured —
the free State friendly vote being itself sufficient
to carry it : but, although the passage of the reso-
lution was secured, yet resistance to it continued.
Mr. Patton rose to recommend his resolution as
a peace offering, and to prevent further agitation
by demanding the previous question. He said :
^ He had offered this resolution in the spirit
of peace and harmony. It involves (said Mr.
P.), so far as I am concerned, and so far as con-
cerns some portion of the representatives of the
slaveholding States, a concession ; a concession
which we make for the sake of peace, harmony,
and union. We offer it in the hope that it
may allay, not exasperate excitement ; we desire
to extinguish, not to kindle a flame in the coun-
try. In that spirit, sir, without saying one
word in the way of discussion ; without giving
utterance to any of those emotions which swell
in my bosom at the recollection of what took
place here vesterday, I shall do what I have
neveryet done since I have been a member of
this House, and which I have very rarely sus-
tained, when done by others : I move the pre-
vious question."
Then followed a scene of disorder, which thus
appears in the Register of Debates :
^ Mr. Adams rose and said : Mr. Speaker, the
gentleman precedes his resolution — rLoud cries
of ' Order ! order ! ' from all parts of the hall.)
Mr. A. He preceded it with remarks — (* Order !
order!')
^ The Chair reminded the gentleman that it
was out of order to address the House after the
demand for the previous question.
^ Mr. Adams. I ask the House — (continued
cries of * Order ! ' which completely drowned the
honorable member's voice.)"
Order having been restored, the next question
was — ''Is the demand for the previous question
seconded ? " — ^which seconding would consist of
a majority of the whole House— which, on a
division, quickly showed itself. Then came the
further question — *' Shall the main question be
now put 7 "—on which the yeas and nays were
demanded, and taken ; and ended in a repeti-
tion of the vote of the same 63 against it. The
main question was then put, and carried ; but
again, on yeas and nays, to hold free State mem-
bers to their responsibility ; showing the same
63 in the negative^ with a few additional votes
from free State members, who, having staked
themselves on the vital point of suspending the
rules, saw no use in giving themselves fnither
trouble at home, by giving an unnecessary vote
in &vor of stifling abolition debate. In this
way, the ranks of the 63 were increased to 74
Thus was stifled, and in future prevented in
the House, the inflammatory debates on these
disturbing petitions. It was the great sessicm
of their presentation — being offered by hun-
dreds, and signed by hundreds of thousands of
persons — ^many of them women, who forgot their
sex and their duties, to mingle in 8u<^ inflam-
matory work ; some of them clergymen, who
forgot their mission of peace, to stir up 8tn&
among those who should be brethren. Of the
pertinacious 63, who backed Mr. Slade through-
out, the most notable were Mr. Adams, wbo
had been President of the United States— Mr.
Fillmore, who became so— and Mr. Caleb Cusb-
ing, who eventually became as ready to aboli^
all impediments to the general diffusion at
slavery, as he then was to abolish slsTery iteelf
in the District of Columbia. It was a porten-
tous contest. The motion of Mr. Slade vrss, not
for an inquiry into the expediency of abolishiif
slavery in the District of Columbia (a moti<^
in itself sufficiently inflammatory), but to ^
the command of the House to bring in a bill fer
that purpose — ^which would be a decisioin of tk
question. His motion fjuled. The storm sab-
sided ; and very few of the free State memb^
who had staked themselves on the issue, lost inj
thing among their constituents for the devotica
which they had shown to the Union.
CHAPTER XXXVII.
ABOLITIONISTS CLASSIFIED BT MIL CLAY: XJh-
TBAS DENOUNCED: BLAYEBT AGITATttGs
NOBTH AND SOUTH EQUALLY DElNOUNCED
AS DANGEBOUS TO THE UNION.
'^ It is well known to the Senate, said Mr. Claj.
that I have thought that the most judidoos
course with abolition petitions has not been d
late pursued by Congress. I have beliered thit
it would have been wisest to have reoerved and
referred them, without opposition, and to hxrt
reported against their object in a calm and di»-
passionate and aigumeatative appeal to the
AimO 18S8. KABTIN YAK 6UREN, PRESIDENT.
155
good sense of the whole commnm^. It has
been supposed, however, b^ a mijoritj oi Con-
gress that it was most expedient either not to
Teoeire the petitMMDS at ul, or, if formallj re-
oeiTed, not to act definitively upon them.
There is no suhstantial difference between these
opposite (pinions, since both look to an abso-
lute rejection of the pnjsr of the petitioners.
But there is a great difference in the form of
•proceeding; and. Mr. President, some experi-
ence in the conduct of human aflOurs has taught
me to behere that a neglect to observe estab-
lished forms is <^ten attended with more mis-
chievous consequences than the infliction of a
positive injury. We all know that, even in
private life, a violation of the existing usages
and ceremonies of society cannot take place
without serious prejndioe. I fear, sir, that the
abolitionists have acquired a considerable ^pa-
rent force by blending with the object which
they have in view a collateral and totally dif-
ferent question arising out of an alleged viola-
tion of the right of petition. I know full well,
and take great pleasure in testifying, that
nothing was remoter from the intention of the
majori^ of the Senate, from which I differed,
than to violate the right of petition in any case
in which, according to its judgment, that right
could be constitutionally exercised, or where
the object of the petition could be safely or
properly granted. StilL it must be owned that
the abolitionists have seized hold of the fact of
the treatment which their petitions have re-
ceived in Congress, and made iigurious impres-
sions upon the minds of a large portion of the
community. This, I think, might have been
avoided by the course whidi I should have been
glad to have seen pursued.
^ And I desire now, Mr. President to advert
to some of those topics which I tnink might
have been useftiUy embodied in a report by a
committee of the Senate, and which, I am per-
soaded, would have diecked the progress, if it
had not altogether arrested the efforts of aboli-
tion. I am sensible, sir, that this work would
have been accomplisned with much greater .abil-
ity, and with much happier effect, under the
auspices of a conmiittee, tnan it can be by me.
But, anxious as I always am to contribute
whatever is in my power to the harmony, con-
eord, and happiness of this great people, I feel
myself irresistibly impelled to do whatever is
in my power, incompetent as I feel myself to
bCj to dissuade the public from continuing to
agitate a subject fraught with the most direfol
consequences.
^ There are three classes of persons opposed,
or ^>parently opposed, to the continued exist-
ence of slavery in the United States. The first
are those who, from sentiments of philanthropy
and humanity, are conscientiously opposed to
the existence of slavery, but who are no less
opposed, at the same time, to any disturbance
of the peace and tranquillity of the Union, or
the infringement of the powers of the States
composing the confederacy. In this class may
be comprehended that peaceful and exemplary
society of 'Friends' one of whose established
maxims is, an abhoirence of war in all its
forma, and the cultivation of peace and good-
will amongst mankind. The next class consisti
of apparent abolitionists—that is, those who^
having been persuaded that the right of peti-
tion has been violated by Congress, co-operate
with the abolitionists ibr the sole purpose of as-
serting and vindicating that right And the
third class are the real ultra-abolitionists, who
are resolved to persevere in the pursuit of their
object at all ha»urds, and without regard to any
consequences, however calamitous they may be.
With them the rights of property are nothing ;
the deficiency of tLe powers of the general gov-
erment is nothing; the acknowledged and in-
contestable powers of the States are nothing ;
civil war, a dissolution of the Union, and the
overthrow of a government in which are con-
centrated the ^dest hopes of the civilized
world, are nothing. A single idea has teken
possession of their minds, and onward they pur-
sue it, overkwking all barriers, reckless and re-
gardless of all consequences. With this class,
the immediate abolition of slavery in the Dis-
trict of Columbia, and in the territory of Flori-
da, the prohibition of the removal of slaves from
State to Stete, and the refusal to admit any new
State, comprising within ite limits the institu^
tion of domestic slavery, are but so many means
conducing to tiie accomplishment of the ulti-
mate but perilous end at which they avowedly
and boldly aim ; are but so many short stages
in the long and bloodv road to the distant goal
at which they would finally arrive. Their pur-
pose m abolition, universal abolition, peaceably
if it can, forcibly if it must Their object is no
longer concealed by the thinnest veil; it is
avowed and proclaimed. Utterly destitute of
constitotional or other rightful power, living
in totally distinct communities, as alien to the
communities in which the sulnect on which
they would operate resides, so &r as concerns
Eolitical power over that subject, as if they
ved in Africa or Asia, they nevertheless pro-
mulgate to the world their purpose to be to
manumit forthwith, and without compensation,
and without moral preparation, three millions
of negro slaves, under jurisdictions altogether
separated from those under which they live.
^I have said that immediate abolition of
slavery in the District of Columbia and in the
territory of Florida, and the exclusion of new
States, were only means towards tiie attainment
of a much more important end. Unfortunately,
they are not the only means. Another, ana
much more lamentable one is that which this
dass is endeavoring to employ, of arraying one
portion against another portion of the Union.
With that view, in all their leading prints and
publications, the alleged horrors of slavery are
depicted in the most glowing and exaggerated
colors, to excite the imaginations and stimulate
156
THIRTY YEARS' VIEW.
the rage of the people in the free States against
the people in the slaye States. The slaveholder
is held up and represented as the most atrocious
of human heings. Adyertisements of fugitive
slaves to be sold are carefully collected and
blazoned forth, to infuse a spirit of detestation
and hatred against one entire and the largest
section of the Union. And like a notorious
af^tator upon another theatre (Mr. Daniel
O'Connell), they would hunt down and pro*
scribe from the pale of civilized society the in-
habitants of that entire section. Allow me, Mr.
President, to say, that whilst I reoo^ize in the
justly wounded feelings of the Minister of the
United States at the court of St James much to
excuse the notice which he was provoked to
take of that agitator, in my humble opinion, he
would better have consulted the dignity of his
station and of his country in treating lum with
contemptuous sUenoe. That agitator would ex-
clude us from European sodety — ^he who himself
can only obtain a contraband admission^ and is re-
ceived with scomfid repugnance into it ! If he
be no more desirous of our society than we are
of his, he may rest assured that a state of eternal
non-intercourse will exist between us. Yes. sir,
I think the American Minister would have oest
pursued the dictates of true dignity by reg^ard-
mg the language of that member of the British
House of Commons as the malignant ravings of
the plunderer of his own country, and the libeller
of a foreign and kindred people.
^ But me means to which I have already ad-
verted are not the only ones which this third
class of ultra- Abolitionists are employing to
effect their ultimate end. They began their
operations by professing to employ only per-
suasive means in appealing to the humanity,
and enlightening the understandings, of the
slavehol£ng portion of the Union. If there
were some kindness in this avowed motive, it
must be acknowledged that there was rather a
presumptuous display also of an assumed supe-
riority m intelli^ce and knowledge. For some
time they contmuod to make these appeals to
our duty and our interest; but impatient with
the slow influence of their logic upon our stupid
minds, they recently resolved to change their
system of action. To the agency of their powers
of persuasioiL they now propose to substitute
the powers or the ballot box ; and he must be
blind to what is passmg before us, who does not
perceive that the inevitable tendency of their
proceedings is, if these should be found insuflEl-
cient, to invoke, finally, the more potent powers
of the bayonet
" Mr. President it is at this alarming stage of
the proceedings or the ultr»-Abolitionist8 that I
wonld seriously invite every consideTate man in
the country solemnlv to pause, and deliberately
to reflect, not merely on our existing posture,
bat upon that dreadful precipice down which
they would hurry us. It is because these ultr»-
Abolitiouists have ceased to employ the instru-
ments of reason and persuasioii, have made their
cause political, and have appealed to tlie ballot
box, that I am induced, upon this occasioii, to
address you.
" There have been three epodis in the history
of our country at which the spirit of abolition
displayed itsel£ The first was immediately
after the formation of the present federal gov-
ernment When the constitution was about
going into operation, its powers were not wdl
understood by the community at large, and re-
mained to be accurately interpreted and defined.
At that period numerous abolition societies
were formed, comprising not merely the Society
of Friends, but many other good men. Peti-
tions were presented to Congress, praying for
the abolition of slavery. Th«y were reoeived
without serious opposition, referred, and report-
ed upon by a committee. The report stated
that the general government had no power to
abolish slavery as it existed in the aevoal
States, and that these States themselyes bad ex-
clusive jurisdiction over the subject The re-
port was generally acquiesced in, and 8atisfiu^-
tion and tranquillity ensued ; the abolitioo
societies thereafter limiting their exertions, in
respect to the black population, to offices of
humanity within the scope of existing laws.
" The next period when the subject of slaverj
and abolition, incidentally, was brought into
notice and discussion, was oh the memorable
occasion of the admission of the State of Mis-
souri into the Union. The struggle was loo^
strenuous, and fearful. It is too recent to make
it necessary to do more than merely advert to
it, and to say, that it was finally compoeed by
one of those compromises characteristic of our
institutions, and of which the constitution itsdf
is the most signal instance.
*' The third is that in which we now find our-
selves, and to which various causes haTe con-
tributed. The principal one, perhaps, is Bntisii
emancipation in the islands ad|acent to our con-
tinent Confounding the totally different cases
of the powers of the British Parliament and
those of our Congress, and the totally difieient
conditions of the slaves in the British West
India Islands and the slaves in the sovereign
and hidependent States of this confederacy,
superficial men have inferred from the undecid-
ed British experiment the practicability of the
abolition of slavery in these States. All these
are diflferent The powers of the British Parlia-
ment are unlimited, and often described to be
omnipotent The powers of the American Con-
gress, on the contrary, are few, cautiously limit-
ed, scrupulously excluding all that are not
granted, and above all, carefully and absolutely
excluding all power over the existence or con-
tinuance of slavery in the several States. The
slaves, too, upon which British legislation ope-
rated, were not in the bosom of the kingdooB,
but in remote and feeble colonies, having no
voice in Parliament. The West India slave-
holder was neither representative, or represented
in that Parliament And while I most fervently
ANKO I8S». MABTIN YAS BUSEV, PBEBIDBirr.
167
wish complete soooeBS to the Britiflh ezperiment
of the Weet Indis emandpatioii, I confess that
I have feaifttl forebodings of a disastrous ter-
mination. Whateyer it may be, I think it most
be admitted that if the British Parliament
treated the West India slaves as freemen, it also
treated the West India freemen as slaves. If
instead of these slaves being separated bj a
wide ocean from the parent country, three or
four millions of African n^gro slaves had been
dispersed over Dnghmd, ^tland, Wales and
Ireland, and thdr owners had been members of
the British Parliament — a case which would
have presented some analogy to our own coun-
try—does any one believe that it would have
been expedient or practical to have emancipated
them, leaving them to remain, with all their
embittered feelings, in the United kingdom,
boundless as the powers of the British govern-
ment are?
^* Other causes have conspired with the Brit-
ish example to produce the existing excitement
from abolition. I say it with profound regret,
and with no intention to occasion irritation
here or elsewhere, that there are persons in
both parts of the Union who have sought to
mingle abolition with politics, and to array one
portion of the Union against the other. It is
the misfortune of free countries that, in high
party times, a disposition too often prevuls to
seize hold of every thing which can strengthen
the one side or w^en the other. Prior to the
late election of the present President of the
United States, he was charged with being an
abolitionist, and abolition designs were imputed
to many of his supporters. Much as I was op-
posed to his election, and am to his administra-
tion, I neither shared in making or believing
the truth of the charge. He was scarcely in-
stalled in office before the same charge was di-
rected against those who opposed his election.
" It is not tnie — ^I rejoice that it is not true
— ^that either of the two great parties in this
country has any design or aim at aboUtion. I
should deeply lament if it were true. I should
consider, if it were true, that the danger to the
stability of our system would be infinitely
greater than any which does, I hope, actually
exist. Whilst neither party can be, I think,
justly accused of any abolition tendency or pur-
pose^ both have profited, and both been injured,
m particular localities, by the accession or ab-
straction of abolition support If the account
were fiurly stated, I believe the party to which
I am opposed has profited much more, and been
injured much less, than that to which I belong.
But I am fitr, for that reason, from being dis-
posed to accuse our adversaries of abolitionism."
OHAPTEB XXXVIII.
BANK OF THB tTNITBD STATES : BESIONATION
OF MB. BIDDLE: FINAL SUSPENSION.
On the first of January of this year this Bank
made an exposition of its affairs to the Gene-
ral Assembly of Pennsylvania^ as required by
its charter, in which its assets aggregated
$66,180,396; and its liabilities aggregated
$33,180,855 : the exposition being verified by
the Qsual oaths required on such occasious.
On the 30th of March followmg Mr. Biddle
resigned his place as president of the Bank,
giving as a reason for it that, ^the affain of
the ifutUtaion itere in a state of great pro^
peritpj and no longer needed his eervicesJ^
On the same day the board of directors in ac-
cepting the resignation, passed a resolve declar-
ing that the President Biddle had left the insti-
tution *^pro9perou8 in all its relations^ strong
in its ability to promote the interest of the
community J cordial vith other banks^ and se-
cure in the esteem and respect of all connected
with it at home or abroad,^*
On the 9th of October the Bank dosed her
doors upon her creditors, under the mild name
of suspension— never to open them agun.
In the month of April preceding, when leav-
ing Washington to return to Missouri, I told the
President there would be another suspension,
headed by the Bank of the United States, be-
fore we met again : at my return in November
it was his first expression to remind me of that
conversation ; and to say it was the second time
I had foreseen these suspensions, and warned
him of them. He then jocularly said, don't
IMredict so any more. I answered I should not ;
for it was the last time this Bank would su»-
pend.
Still dominating over the moneyed systems
of the South and West, this former colossal insti-
tution was yet able to cany along with her near-
ly all the banks of one-hiJf of the Union : and
unng her irredeemable paper against the solid
currency of the New York and other Northern
banks, and selling fictitious bills on Europe, she
was able to run them hard for specie— eiutail
their operations— and make panic and distress
in the money market. At the same time by
158
THIRTY YEARS* VIEW.
making an imposing exhibition of her assets,
arranging a reciprocal use of their notes with
other suspended banks, keeping up an apparent
par yalue for her notes and stocks by fictitious
and collusive sales and purchases, and abore all,
by her political connection with the powerful
opposition — she was enabled to keep the field
as a bank, and as a political power: and as such
to act an effectiye part in the ensuing presiden-
tial election. She even pretended to have be-
come stronger since the time when Mr. Biddle
left her so prosperous ; and at the next exposi-
tion of her afifairs to the Pennsylvania legis-
lature (Jan. 1, 1840), returned her assets at
974,603,142 ; her liabilities at $36,959,539, and
her surplus at $37,643,603. This surplus, after
paying all liabilities, showed the stock to be
worth a premium of $2,643,603. And all this
duly sworn to.
CHAPTER XXXIX.
FIEST SESSION TWENTY-SIXTH CONOBES8: MEM-
BEB3 : ORGANIZATION: POLITICAL MAP OF THE
HOUSE.
Members of the Senate.
New Hampshire. — Henry Hubbard, Franklin
Pierce.
Maine. — John Rugbies, Reuel Williams.
Massachusetts. — John Davis, Daniel Web-
ster.
Vermont. — Sam'l Prentiss, Sam'l S. Phelps.
Rhode Island. — Kehemiah R Knight, N. F.
Dixon.
Connecticut. — Thaddeus Betts, Perry
Smith.
New York.— Silas Wrieht, N. P. Tallmadge.
New JERSET.^^am'l L Southard, Garret
D. Wall.
Pennsylvania. — James Buchanan, Daniel
Sturgeon.
Delaware. — Thomas Clayton.
Maryland. — John S. Spence, Wm. D. Mer^
rick.
Virginia. — William H. Roane.
North Carolina. — Bedford Brown, R
Strange.
South Carolina. — John C. Calhoun, Wm.
Campbell Preston.
Georgia. — Wilson Lumpkm, Alfred Cuth-
bert.
Kentucky.— Henry Clay, John J. Critten-
den.
Tennessee.— Hugh L. White, Alex. An-
derson.
Ohio. — William Allen, Benjamin Tappan.
Indiana.— Oliver H. Smith, Albert S. White-
Mississippi. — Robert J. Walker, John Hen-
derson.
Louisiana. — Robert C. Nicholas, Alexander
Mouton.
Illinois. — John M. Robinson, Richard M.
Toung.
Alabama. — Clement C. Clay, Wm. Rufus
King.
Missouri. — Thomas H. Benton, Lewis F.
Linn.
Arkansas. — William S. Fulton, Ambrose
Seyier.
Michigan. — John Norvell, Augnstus S. Por-
ter.
^ Cliflfoid,
Thomak Dayee, Geoige Gzuu^ Joshua A. Lowell,
Virgil D. Parris, Benjamin j^j^utell) Albert
Smith, yr I "l) s £ 0
New n^MPSHiRE. — Charles G. Athertoii,
Edmund Burke, Ira A. Eastman, Tristram Shaw,
Jared W. Williams. T) ^
Connecticut. — Josepn Trumbull, William
L."^Storr8, Thomas W. Williams, Thomas B.
Osborne, Truman Smith, John H. Brockway.'v „
Vermont. — Hiland Hali, William §l»ie, ^
Horace Everett, John Smith, Isaac Fletcherr"^ :
Massachusetis. — Abbot Lawrence, I^ererett
Saltonstall, Caleb Cushine, William PaxuKmtef^
Levi Lincoln, [Vacancy,] Geoi^ N. Bngps,
William B. CalhouoL WilUam S. Hastings, He>.
ry Williams, John Reed, John Quincy Adams. S
Rhode Island. — Chosen by general ticket
JosepETTTUIinghas^ Robert B. Cranston. "V"*
New York. — Thomas B. Jackson, James ck
la Montayne, Ogden Hoffman, Edward Curtis.
Moses H. Gnnnell, James Monroe, GouTemeor
Kemble, Charles «Fohnson,' Nathaniel Jones,
Rufus Sftk^i, Aaroitt' Vanderpoel, John Ely,
Hiram P. Hunt, Daniel D. Samaxd, Anm
Brown. David Russell, Augustus C. Hand, John
fine, Feter JT Wagoner, Andrew W. ' Doip,
John G. Floyd, David P. Brewster, Thomas C.
Crittenden, John H. Prentiss, Judson AUeo,
Jdhn C. Clark, S. B. Leonard, Amasa Dana,
Edward Kogefs, Nehemiah H. Earl, Christopher
Morgan, Theron R. Strong, Francis P. .Q^nger,
Meredith Mallory, Seth M. Qs^^ Luther C.
Peck, Richard P. Marvin, Millard Fillm^[e,
Charles P. Mitchell. 10 \C\
New^'Jersey. — Joseph B. Kandolph^ Peter
D. Vroom, Phflemon Dickerson. William R.
Cooper, Daniel B. Ryall, Joseph Kille.
Pbnnsy^ania. — William Beatty, Richard
Biddle, James Cfil42^r, Edward Davies, John
Cavis, John Edwards, Joseph Fomance^ John
Galbraitli, James Gerry, Robert H. Hammond,
Thomas Hgiry, Enos Hook, Francis J^es,
George AmCeim Isaac Leet, Albert GfTMar^
chand, Samuel W. Morris, George McCuUoch,
Charles Naylor, Peter Newhard, Charles Ogle,
ANNO 1889. MA&TIN VAN BUBEN, PRESIDENT.
159
Lemuel Paynter, DaTid Petrildn, William S.
Ramsey, John SermmjL William Simonton,
George W. TolandJ Davfa D^Wagener.^ yJ I
DciDHQrAaE.— Thon^ Robi^Bon, jr. q i ^
MaWlamd. — Jame^^arrolL John Dennis^
SoIonk^^flltHai, jr., Daniel Jenifer, WuluS
Cost Johnson, Franda Tfib^^is, 'Philip F.
Tho2hs,"7oIinT. H. WortM^;ton. J f
Virginia. — Linn >3ankB, Andrew
John M. Botts. Walter Ctritfi Robert .
George 0. Droiiigqol& James Garland Wi
L. QijggUQU John Hill^ Joel H^leman, George
W. Hopkins, RoBerTM. T. Hnnter, Joseph
Johnson, John W. J'bros, William Lima,
Ohanes F. Meroer, Franciff^E. Bites, Green B.
Sainqels. Lewis StetnrocL John Taukferro, Hen-
XoRTH Carolina. — ^Jesse A. Bj^ram, Henry
W. Connor, Edmund Dfihfi^, Charles Fisher,
James prahanL MicajahT. Ha^t^ips, John
EtiU. James J. MKay, William Montg<Rii«£y.
Kenneth Rayng, uharies Shbfi^d, Eidward
SiaolX^ Lewis V£iUiain& ^ 7 ./
South Carolina. — Sampson H. Bh^er« John
CampbelL John K. Griffin, Isaac E.^olmes,
Francis W. Pickens, R. Barnwell Rhett James
Rogers, Thomas B. Sumter, Waddy Thomp-
son, jr. / / 7 ' ^
GEORoiA.--Julius C. Alford, Edward J.
Black, Walter T. Colqaitt, Mark A. Cooper,
WUllwu C. Dawson. Richard W. Qabersham,
Thomas B. ^^gxSngeniua A. {Jisbet, Lott
Alabama. — RT H. Ou^man, Dayid HuoWd,
George W. Crabb, Dixon fi. Lewis, James Dil-
lett -^ — ' r- J^ / ^ —
Louisiana.— Edward D. White, Edward
Chmnpltlce Garland. ''^^ J
MissiH(ppL — A. G. Brown, J. Thompson^^ ?
MidsQURL — John Miller, John Jameson, j^ ."-
ARtfiyfSAS. — ^Edward Cross. ^ /
Tennessee. — William B. Carter, Abraham
McC7Wlaii,^Joseph L. Williams, Julias W.
BlaNn^ell, Hopkins L. Tteey. William B.
Campbell, John Bell, Mer^ith P. Gentry,
Harvey M. Wai^tton, Aaron V. BK^yni, Cave
Joh^n, John W. Crockett^ Christopher H.
Williams. 7 2
Kentucky.— Linn BoJ^iPhilip Triplett, Jo-
seph (Jnaerwood, Sherrod Williams, Simeon W.
Anderson, Willis Green, John Pope, William J.
Graves, John White, Richard Hawes, L. W.
Andrews, Garret Davis, William 0. BWetM U
Omp. — ^Alexander Du)k^, John B. WelH^r,
Patrick G. Goode, Thoma^ Corwin, William
D<)lK(e, Calvary Morris, William K. Bond, Jo-
seph Kidgvny, William M^iU, Samson Ma-
son, Isaac Pa^sh, Jonathan Ta«|[or, D. P. Lead-
bdlter, GeorgeSwe^^f, John W. Allen, Jqghua
R. Uiddings, John Tlaslh^gs. D. A. StiH^
weather, Henry Sw^?huren. ^ / ^
MicnpAN. — ^IsaaclK. Cnuy. ^ /
Indiana. — Geo. H. jQsttS^t, John Davis, John
Carr, Tnomas Smith, James Rariden, Wm. W.
Wick, T. A. Howard. / 6
Il^ois.— John Reynolds, Zadok Casey,
John T. Stuart / -^
The oiganiiation of the House was delayed
for many days by a case of closely and earnest-
ly contested electbn from the State of New
Jersey. Five citizens, to wit: John B. Ay-
crigg^ John B. Maxwell, William Halsted,
Thomas C. Stratton, Thomas Jones Torke, had
received the governor's certificate as duly elect-
ed : five other citizens, to wit : Philemon Dick-
erson, Peter D. Yroom, Daniel B. Ryall, Wil-
liam R. Cooper, John Kille, claimed to have
received a majority of the lawful votes g^ven in
the election : and each set demanded admission
as representatives. No case of contested election
was ever more warmly disputed in the House.
The two sets of claimants were of opposite politi-
cal parties : the House was nearly divided : five
from one side and added to the other would make
a difierence of ten votes : and these ten might
determine its character. The first struggle was
on the part of the members holding the certifi-
cates claiming to be admitted, and to act as mem-
bers, until the question of right should be de-
cided ; and as this would give them a right to vote
for speaker, it might have had the effect of decid-
ing that important election : and for this point a
great struggle was made by the whig party.
The democracy could not ask for the immediate
admission of the five democratic claimants, as
they only presented a case which required to
be examined before it could be decided. Their
course was to exclude both sets, and send them
equally before the committee of contested elec-
tions ; and in the mean time, a resolution to pro-
ceed with the organization of the House was
adopted after an arduous and protracted struggle,
in which every variety of parliamentary motion
was exhausted by each side to accomplish its pur-
pose ; and, at the end of three months it was re-
ferred to the committee to report which five of the
ten contestants had received the greatest number
of legal votes. This was putting the issue on the
rights of the voters — on the broad and popular
ground of choice* by the people : and was equiv-
alent to deciding the question in favor of the
democratic contestants, who held the certificate
of the Secretary of State that the majority of
votes returned to his office was in their favor, —
counting the votes of some precincts which the
governor and council had rejected for illegality
in holding the elections. As the constitutional
160
THIRTY TEARS' VIEW.
judge of the election, qualifications and returns
of its own members, the House disregarded the
decision of the governor and councd ; and, de-
ferring to the representatiye principle, made the
decision turn, not upon the conduct of the offi-
cers holding the election, but upon the rights
of the voters.
This strenuous contest was not terminated
until the 10th of March — ^nearly one hundred
days from the time of its commencement The
five democratic members were then admitted to
their seats. In the mean time the election for
speaker had been brought on by a vote of 118
to 110 — the democracy having succeeded in
bringing on the election after a total exhaustion
of every parliamentary manoeuvre to keep it off.
Mr. John W. Jones, of Virginia, was the demo-
cratic nominee : Mr. Jno. Bell, of Tennessee, was
nominated on the part of the whigs. The whole
vote given in was 235, making 118 necessary to
a choice. Of these, Mr. Jones received 118 :
Mr. Bell, 102. Twenty votes were scattered,
of which 11, on the whig side, went to Mr.
Dawson of Georgia ; and 9 on the democratic
side were thrown upon three southern mem-
bers. Had any five of these nine voted for Mr.
Jones, it would have elected lum: while the
eleven given to Mr. Dawson would not have ef-
fected the election of Mr. Bell. It was clear the
democracy had the majority, for the contested
election from New Jersey having been sent to a
committee, and neither set of the contestants
allowed to vote, the question became purely and
simply one of party : but there was a firaction
in each party which did not go with the party
to which it belonged : and hence, with a ma-
jority in the House to bring on the election,
and a majority voting in it, the democratic
nominee lacked five of the number requisite to
elect him. The contest was continued through
five successive ballotings without any better re-
sult for Mr. Jones, and worse for Mr. Bell ; and
it became evident that there was a fraction of
each party determined to control the election.
It became a question with the democratic party
what to do ? The fraction which did not go
with the party were the friends of Mr. Calhoun,
and although always professing democratically
had long acted T^th the whigs, and had just re-
turned to the body of the party agunst which
they had been acting. The election was in their
hands, and they gave it to be known that if one
of their number was taken, they would vote with
the body of the party and elect him : and Mr.
Dixon n. Lewis, of Alabama, was the person
indicated. The extreme importance of having a
speaker friendly to the administration induced
idl the leading friends of Mr. Van Buren to go
into this arrangement, and to hold a caucus to
cary it into effect The caucus was held : Mr.
Lewis was adopted as the candidate of the
party: and, the usual resolves of unanimity
having been adopted, it was expected to elect
him on the first trial He was not, however,
80 elected ; nor on the second trial ; nor on the
third; nor on any one up to the seventh:
when, having never got a higher vote than Mr.
Jones, and filing off to the one-half of it, he
was dropped ; and but few knew how the balk
came to pass. It was thus : The writer of this
View was one of a few who would not capitulate
to half a dozen members, known as Af r. Cal-
houn's friends, long separated from the party,
bitterly opposing it, just returning to it, and
undertaking to govern it by constitating them-
selves into a balance wheel between the tvo
nearly balanced parties. He preferred a clean
defeat to any victory gained by such capitula-
tion. He was not a member of the House, but
had friends there who thought as he did ; and
these he recommended to avoid the caucus, and
remain unbound by its resolves ; and when the
election came on, vote as they pleased : which
they did : and enough of them throwing awaj
their votes upon those who were no candidatea,
thus prevented the election of Mr. Lewis : and
so returned upon the little fruction of pretenden
the lesson which they had taught
It was the same with the whig party. A
fraction of its members refused to support the
regular candidate of the party ; and after manj
fruitless trials to elect him, he was abandoned
—Mr. Robert M. T. Hunter, of Virginia, taken
up, and eventually elected. He had voted with
the whig party in the New Jersey election case
— among the scattering in the votes for speaker;
and was finally elected by the full whig vote,
and a few of the scattering firom the democratic
ranks. He was one of the small band of Mr.
Calhoun's friends ; so that that gentleman suo-
ceeded in governing the whig election of speaker,
after failing to govern that of the democracy.
In looking over the names of the candidates
for speaker it will be seen that the whole wero
Soutiiem men— no Northern man being at any
time put in nomination, or voted for. And this
ANNO 18S9. MARTIN TAN BURSN, PRESIDENT.
161
drcmnstaiioe iUustrmtes a peryading system of
action between the two sections from the
foundation of the goyemment — ^the southern
going for the honors, the northern for the bene-
fits of the goyemment. And each has suooeeded,
but with the difference of a success in a solid
and in an empty pursuit The North has be-
come rich upon the benefits of the government :
the South has grown lean upon its honors.
This arduous and protracted contest for
speaker, and where the issue inyolyed the yital
party question of the organization of the House,
and where every member classified himself by a
deliberate and perseyering series of votes, be-
comes important in a political classification
point of view, and is here presented in detail as
' the political map of the House — ^taking the first
' vote as showing the character of the whole.
f 1. Members voting for Mr. Jones : 113.
I
I Jndson Allen^ugh J. Anderson, Charles G.
Atherton, Linn banks, William Beatty, Andrew
Beime, Julius W. Blackwell, Linn BoydDavid
! P. Brewster, Aaron V. Brown, Albert 6. ferown,
t Edmund Burke, Sampson H. Butler, William
, O. Butler, Jesse A. Bviium, John Garr, James
CarrolL Zadok Casey, Keuben Chapman, Nathan
' Clifford, Walter Coles, Henry W. Connor. Ro-
I bert Craig, Isaac E. Crary, Edward Cfross,
Amasa Dana, Thomas Davee, John Davis, John
W. Davis, William Doan, Andrew W. Doig,
George C. Dromgoole, Alexander Duncan, Ne-
hemiah H. Earl, Ira A. Eastman, John Ely,
John Fine, Isaac Fletcher, John G. Floyd,
Joseph Fornance, John GalbraitlLJames Gerry,
Robert H. Hammond. Augustus C. Hand, Jolm
Hastings, Mici^ah T. Hawkins, John Hill of
North Carolina, Solomon Hillen jr., Joel Holle-
man, Enos Hook, Tilghman A. Howard, David
Hubbard, Thomas B. Jackson, John Jameson.
Joseph Johnson^ Cave Johnson, Nathanid
Jones, George M. Keim. Gouvemeur Kemble,
Daniel P. Leadbetter, Isaac Leet, St^hen K
Leonard, Dixon H. Lewis, Joshua A Lowell,
William Lucas, Abraham McLeHan, George
McCuUoch, James J. McKay, Meredith Mallory,
Albert G. Marchand, William MediU, John
Miller, James D. L. MontanyawWiliiiun Mont-
eomeiy. Samuel W. Morris, Peter Newhard,
Isaac Parrish, William Parmenter^ Viigil D.
Parris, Lemuel Paynter, David Petnkin, Francis
W. Pickens, John H. Prentiss, William S. Ram-
sey, John Reynolds, R. Barnwell Rhett, Francis
E. Rives, Thomas Robinson jr., Edward Rod-
gers. Green B. Samuels. Tristram Shaw, Charles
Shepard, Albert Smitn, John Smith, Thomas
Smith, David A. Starkweather, Lewis Steenrod,
Theron R. Strong, Henir Swearin^n, George
Sweeny; Jonath^ Taylor. Francis Thomas,
Philip F. Thomas, Jacob Thompson, Hopkms
Vol. IL— 11
L. Tnmey^ Aaron YanderpoeLDavid D. Wagner,
Harvey M. Watterson, John B. Welle]^Wil]iam
W. Wkk, Jared W. Williams, Henry Williams,
John T. H. Worthington.
2. Members voting for Mir. Bell: 102.
John Quincy Adams, John W. Allen, Simeon
H. Andenon, Landaff W. Andrews, Daniel D.
Barnard. Richard Biddle, William K. Bond,
John M. Botts, George N. Briggs, John H.
Brockway, Anson Brown, William B. Calhoun,
William B. Campbell, YTilliam B. Carter, Thom-
as W. Chinn, Thomas C. Chittenden, John C.
Clark, James Cooper, Thomas Corwin, George
W.Crabb, Robt B. CnCDston^ John W. CrodLett,
Edward Curtis, Caleb Cushmg, Edward Davie&
Garret Davis, William C. Dawson, Edmund
Deberry, John Dennis, James Dellet, John Ed-
wards, George Evans, Horace Everett Millard
FiUmorc, Rice Garland, Seth M. Gates, Meredith
P. Gentnr, Joshua R. Giddings, William L.
Goggin, Patrick G. Gooda «James Graham,
Francis Granger: Willis Green, William J.
Graves, Moses H. Grinnell, Hiland Hall, Wil-
liam S. Hastings, Richard Hawes, Thomas Hen-
S', John Hill of Virginia, Ogden Hoffman,
iram P. Hunt, Francis James, Daniel Jenifer,
Charles Johnston, William Cost Johnson, Ab-
bott Lawrence, Levi Lincoln, BIcbardP. Marvin,
Samson Mason, Charles F. Mercer, Charles F. \
Mitchell, James Monroe, Christopher Morgan,
Calvary Morris, Charles Naylor, Charles Ogle,
Thomas B. Osborne, Rufus Pal^ Luther C.
Peck. John Pope, George H. Promt, Benjamin
Randall, Joseph F. Randolph, James Rariden,
Kenneth Rayner John Reed, Joseph Ridgway,
David Russell, Leverett SaltonstaU, John Ser-
geant, Willmm Simonton, William Slade, Tru-
man smith, Edward Stanly. William L. Storrs,
John T. Stuart, John Taliaferro, Joseph L. Til-
linghast, George W. Toland, Philip Triplett,
Joseph Trumbull, Joseph R, Underwood, Peter
J. Wagner, Edward D. White, John White,
Thomas W. Williams. Lewis WUliams, Joseph
L. Williams, Chiisto^er H. Williams, Sherrod
Williams, Henry A. Wise,
3. Scattering: 20.
The following named members voted for
William C. Dawson, of G^rgia.
Julhis C. Alford, John Bel^ Edward J. Black,
Richard W. Habersham, Georse W. Hopkins, ^
Hiram P. Hunt, Williain Cost J ohnson, Thomas
B. King, Eumiius A. Nisbet, Waddy Thomp-
son jr., Lott Warren.
The following named members voted fov Dixon
H. Lewis, of Ajabama :
John Campbell Mark A. Cooper^ John K.
GrifOn, John W. Jones, Walter T. Colquitt
The following luuned members voted for
Francis W. Pickens, of South Carolina:
Charles Fisher, Isaac K Holmes, Robert M.
T. Hunter, James Rogers, Thomas B. Sumter.
James Garland voted for George W. Hopkins,
of Virginia*
162
THIRTY YEARff VIEW.'
Charles Ogle voted for Robert M. T. Hunter,
of Yiiginia.
CHAPTER XL.
pHtST SESSION OF THE TWENTY-SIXTH CON-
GBESS: PBESIDENT'S MESSAGE.
The President met with firmness the new sus-
pension of the banks of the southern and west^
em half of the Union, headed by the Bank of
the United States. Far from yielding to it he
persevered in the recommendation of his great
measures, found in their conduct new reasons
for the divorce of Bank and State, and pldnly
reminded the delinquent institutions with a to-
tal want of the reasons for stopping payment
which they had allied two years before. He
said:
" It now appears that there are other motives
than a want of public confidence under which
the banks seek to justify themselves in a refusal
to meet their obligations. Scarcely were the
country and government relieved, in a degree,
from the difficulties occasioned by the general
suspension of 1837, when a partial one, occux^
ring within thirty months of the former, pro-
duced new and serious embarrassments, though
it had no palliation in such circumstances as
were alleged in justification of that which had
previously taken place. There was nothing in
the condition of the country to endanger a well-
managed banking institution; commerce was
deraneed by no foreign war ; every branch of
manufacturing industry was crowned with rich
rewards; and the more than usual abundance
of our harvests, after supplying our domestic
wants, had left our granaries and storehouses
fillled with a surplus for exportation. It is in
the midst of this, that an irredeemable and de-
preciated paper currency is entailed upon the
people by a large portion of the banks. They
are not driven to it by the exhibition of a loss
of public confidence ; or of a sudden pressure
from their depositors or note-holder& but they
excuse themselves by alleging that the current
of business, and exchange with foreign coun-
tries, which draws the precious metals from
their vaults, would require^ in order to meet it,
a larger curtailment of their loans to a compai^
aiively small portion of the community, thui it
will be convenient for them to bear, or perhaps
saib for the banks to exact. The plea has
ceased to be one of necessity. Convenience
and policy are now deemed sufficient to wai>
rant these institutions in disregarding their
solemn obligations. Such conduct is not mere-
ly an injury to individual creditors, bat it is m
wrong to the whole community, nrom whose
liberality they hold most valuable privileges —
whose rights they violate, whose business they
derange, and the value of whose property they
render unstable and insecure. It most be evi-
dent that this new ground for bank suspen-
sions, in reference to which their actio